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  • U.S. Supreme Court Cites Restatement Third of Unfair Competition

    The U.S. Supreme Court recently cited the Restatement of the Law Third, Unfair Competition, in United States Patent and Trademark Office v. Booking.com, No. 19–46 (June 30, 2020), in which it concluded that a “generic.com” trademark—formed by combining any generic word and “.com ...

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  • U.S. Supreme Court Cites Torts 2d

    U.S. Supreme Court Cites Torts 2d

    In a dissenting opinion delivered in June Medical Services, L.L.C. v. Russo, Nos. 18-1323 and 18-1460 (June 29, 2020), U.S. Supreme Court Associate Justice Samuel A. Alito cited the Restatement of the Law Second, Torts.

    In that case, abortion clinics and abortion providers challenged Louisiana ...

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  • U.S. Supreme Court Cites Restitution Third

    U.S. Supreme Court Cites Restitution Third

    In Liu v. Securities and Exchange Commission, No. 18-1501 (June 22, 2020), the U.S. Supreme Court held, in an enforcement action by the Securities and Exchange Commission (SEC), that a disgorgement order that did not exceed a wrongdoer’s net profits and was awarded for victims constituted ...

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  • U.S. Supreme Court Cites Restatement of Property

    U.S. Supreme Court Cites Restatement of Property

    In a recent U.S. Supreme Court decision, United States Forest Service v. Cowpasture River Preservation Ass’n, Nos. 18-1584 and 18-1587 (June 15, 2020), Associate Justice Clarence Thomas, writing for the Court, cited Restatement of the Law, Property § 450. 

    These consolidated cases stemmed from Atlantic Coast Pipeline ...

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  • U.S. Supreme Court Cites Restatements of Contracts, Restitution, Trusts

    U.S. Supreme Court Cites Restatements of Contracts, Restitution, Trusts

    In a dissenting opinion delivered in Thole v. U.S. Bank N. A., No 17-1712 (June 1, 2020), U.S. Supreme Court Associate Justice Sonia Sotomayor relied on traditional common-law principles—including principles set forth in the Restatement of the Law, Contracts, the Restatement of the Law Third ...

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