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27 Jun 2013, 12:53 am by David Cheifetz
 The trial judge summarized Clements on the but-for test this way, at para. 120: [120] The Court clarified that the law of negligence does not require scientific proof of causation. [read post]
28 Apr 2014, 12:00 pm by Moderator
While there is no formal investment screening by the GOP, the government does monitor large foreign investments.Panama's privatization framework law does not distinguish between foreign and domestic investor participation in prospective privatizations. [read post]
27 Jun 2015, 2:50 pm by MOTP
In a similar vein, albeit based on different reasoning, the Supreme Court recently also approved the removal of claims against nursing homes (and, by extension, all medical malpractice claims) from the court system by blessing arbitration agreements in admission contracts even if they are not compliant with Texas law. [read post]
16 Nov 2007, 1:08 am
Sept. 12, 2006) (Order).........................15Tr. of Test. of John Doe No.1, Taylor v.Crawford, No. 05-4173 (W.D. [read post]
9 Jun 2008, 12:39 am
The doctor and nurse said it was extremely high and administered insulin. [read post]
8 Apr 2019, 9:47 pm by Bill Marler
For example, produce has, since at least 1991, been the source of substantial numbers of outbreak-related E. coli O157:H7 infections.[27]Other unusual vehicles for E. coli O157:H7 outbreaks have included unpasteurized juices, yogurt, dried salami, mayonnaise, raw milk, game meats, sprouts, and raw cookie dough.[28] According to a recent study, an estimated 93,094 illnesses are due to domestically acquired E. coli O157:H7 each year in the United States.[29]Estimates of foodborne… [read post]
10 Jan 2019, 8:27 am by Yosie Saint-Cyr
Section 32 should be amended to clarify that section 32(2) does not relieve an employer of the obligation to ensure meal breaks are provided as required by section 32(1), and applies when it is necessary to interrupt a meal break because of an emergency or other exceptional circumstance. [read post]
10 Jan 2019, 8:27 am by Yosie Saint-Cyr
Section 32 should be amended to clarify that section 32(2) does not relieve an employer of the obligation to ensure meal breaks are provided as required by section 32(1), and applies when it is necessary to interrupt a meal break because of an emergency or other exceptional circumstance. [read post]
15 Dec 2011, 4:22 am by Dianne Saxe
Kirk Baert has kindly permitted us to post his Application to the Supreme Court of Canada for leave to appeal the Ontario Court of Appeal’s decision in Smith v. [read post]
4 May 2012, 7:31 am by Robert Chesney
(Gottlieb Aff. dated 4/10/11 at ¶ 8–9; Tr. 140–41; 361; 409–10.) [read post]
26 Jan 2015, 10:10 pm by W.F. Casey Ebsary, Jr.
.; 38 requiring the department to establish standards and 39 develop and accept licensure application forms for the 40 cultivation, processing, and sale of marijuana by a 41 specified date subject to certain requirements; 42 providing for an initial application fee, a licensure 43 fee, and a renewal fee for specified licenses; 44 requiring the department to issue certain licenses by 45 specified dates;… [read post]
16 Jan 2021, 10:57 pm by Mahmoud Khatib
Objective Standard: The Literal Approach Courts taking the literal approach have held that not even a handshake to “formalize the deal” outweighs strict contract language.[37] Rather, courts rely exclusively on the language of the letter and look to clear statements indicating a binding or non-binding effect.[38] These are organized into four broad categories[39] of letters of intent based on the intentions expressed by the parties: (1) Expressly Non-Binding: One or both parties… [read post]
27 Nov 2021, 6:26 am by Joel R. Brandes
The judgment of divorce provided: “Each party has the right to seek a modification of the child support order upon a showing of (I) a substantial change in circumstances, or (II) that three years have passed since the order was entered, last modified or adjusted, or (III) there has been a change in either party’s gross income by 15 percent or more since the order was entered, last modified or adjusted; however, if the parties have specifically opted out of subparagraphs (II) or (III) of… [read post]