Month: March 2017

Puffery alive and well in TLD operator marketing – Fourth Circuit

Verisign, Inc. v. XYZ.COM LLC. Verisign sued XYZ for false advertising under the Lanham Act. XYZ’s ad campaign for it’s new top level domain “.xyz” included claims that there was a scarcity of .com domains. Verisign is the exclusive operator of the .com and .net domains and so was understandably not thrilled with this ad …

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N.C. Court of Appeals Opinions for March 21, 2017

The North Carolina Court of Appeals released a batch of opinions today: Bell v. Goodyear Tire & Rubber Co.  (15-1299) Workers’ Compensation; Compensable Injury; Causal Relationship; Compensation Benefits; Trial Return to Work; Sanctions Harris & Hilton, P.A. v. Rassette  (16-809) Rule 3.7 of NC Rules of Professional Conduct; necessary witness; witness-advocate rule [Trial court did …

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N.C. Supreme Court opinions for March 17, 2017

In re Redmond, (86A16) (View COA Opinion) Appeal from Industrial Commission’s denial of benefits under the N.C. Eugenics Compensation Program based on deceased claimant’s constitutional challenge to a statutory requirement to qualify for the Program; whether the Court of Appeals has jurisdiction over the appeal; application of N.C.G.S. 1-267.1(a1). In re Hughes, (87A16) (View COA …

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State secrets doctrine bars claim against CIA for employment discrimination/retaliation – Fourth Circuit

Abilt v. Maryland. The Fourth Circuit barred a claim of discrimination and retaliation by a clandestine CIA operative because the claim necessarily implicated state secrets. The opinion provides a good overview of the state secrets privilege doctrine. Abilt (not his real name) was hired as an applications developer for the CIA in June 2006. About the …

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North Carolina Court of Appeals Opinions for March 7, 2017

The N.C. Court Appeals released a batch of opinions today: Harris v. N.C. Dep’t of Pub. Safety  (16-341) Standard of review of decision of ALJ; just cause; unacceptable personal conduct; use of force; NCGS 150B-51; NCGS 126-34.02 Key Risk Ins. Co. v. Peck  (16-872) Third party workers’ compensation claim – NCGS 97-10.2; Motion to substitute …

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