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Business Law

Surety Has Both Tort, Contract Claims (access required)

Plaintiffs, sureties that issued numerous construction payment and performance bonds and are suing debtor Truland Entities to enforce collateral security and indemnification provisions in their Indemnity Agreements, win dismissal of defendants’ counterclaims, which are essentially restatements of defendants’ affirmative defenses, ...

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Counterclaims Same as Affirmative Defenses (access required)

Plaintiffs, sureties that issued numerous construction payment and performance bonds and  are suing debtor Truland Entities to enforce collateral security and indemnification provisions in their Indemnity Agreements, may allege both tort and contract claims, based on alleged misrepresentations in financial ...

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No Copyright Dec Action for New Technology (access required)

A Harrisonburg U.S. District Court dismisses this declaratory judgment action filed by three FM radio stations asking the court to declare that broadcasts, made via a geofencing technology yet to be implemented, are exempt from liability for copyright royalties under ...

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Website Claims ‘Fair Use’ of Candidate Photo (access required)

A photographer has stated a claim for copyright violation for a website’s unauthorized use of plaintiff’s photo of a political candidate; defendant cannot claim “fair use” in a motion to dismiss, says the Roanoke U.S. District Court. According to her ...

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