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Tag Archives: Judge Albert Diaz

Counsel’s mitigating factors presentation sinks claim (access required)

Where counsel presented substantial mitigating evidence about the defendant’s neglectful and violent childhood and his significant brain damage, including the opinions of four experts about the effects of brain damage on his behavior, the defendant sentenced to death for rape ...

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Antitrust violation calls for unwinding of doorskin merger (access required)

After a jury determined the merger of two manufacturers in the American doorskin market violated the Clayton Antitrust Act, the remedy included unwinding the merger and ordering the sale of the acquired company.  Background JELD-WEN Inc. acquired a competitor, CMI, ...

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End of challenged conduct moots injunction appeal (access required)

Where NIKE stopped an advertising campaign after the district court found it infringed on Fleet Feet’s trademarks, NIKE’s cessation of the campaign mooted its appeal of the preliminary injunction. Background In 2019, NIKE Inc., NIKE USA Inc. and NIKE Retail ...

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Level of deference afforded to FCC rule to be determined (access required)

Where the parties in a dispute over whether a fax was an unsolicited advertisement never briefed what level of deference should be afforded a 2006 FCC rule interpreting what constitutes an “advertisement” under the Telephone Consumer Protection Act, the case ...

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