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3 Apr 2024, 10:30 pm
On the one hand, the ECJ expressed on multiple occasions that the EU legal order is ‘autonomous’, which shields the internal allocation of powers within the EU from being affected by international agreements (for instance in Opinion 2/13, paras 179f, or Kadi I, para 282). [read post]
3 Apr 2024, 9:03 pm
SAB 121 arguably does not protect investors. [read post]
3 Apr 2024, 9:01 pm
After all, every lawyer here knows what the test is to determine whether a crypto asset was offered and sold as an “investment contract,” and therefore a security: it’s the Howey test.[1] It’s not the “essential ingredients” test,[2] or the Beanie Baby test,[3] or some other test that industry folks might like to create for themselves. [read post]
3 Apr 2024, 4:08 pm
Merrell Dow Pharms., Inc., 509 U.S. 579, 593-594 (1993). [2] Id. at 594 (internal citations omitted) (emphasis added). [3] Id [read post]
3 Apr 2024, 12:44 pm
CM23-0138991 (11-13-2023) Work Conditioning Program—Chronic Pain—Applicant, 37 years old, suffered an industrial injury on 2/6/2021, and underwent arthroscopic left knee surgery in December 2022. [read post]
2 Apr 2024, 12:56 pm
Obstetrics & Gynaecology 961 (2019); Edward Purssell & Niall McCrae, “A Brief History of the Systematic Review,” chap. 2, in Edward Purssell & Niall McCrae, How to Perform a Systematic Literature Review: A Guide for Healthcare Researchers, Practitioners and Students 5 (2020). [2] John P. [read post]
2 Apr 2024, 7:21 am
In addition to their claims of violations under Articles 2 and 8, they also complain of an Article 13 (right to an effective remedy) violation by the Swiss government (in French). [read post]
1 Apr 2024, 12:16 am
If a trade mark registered due to acquired distinctiveness is attacked by an invalidity application, two points in time can be relevant for assessing whether the sign acquired distinctiveness: (1) The application date and (2) the filing of the invalidity application (Art. 51(2) CTMR, Art. 59(2) EUTMR). [read post]
31 Mar 2024, 9:44 am
Repel, Docket No. 1-13-3382, 13 (Ill. [read post]
30 Mar 2024, 8:40 am
(n.d.). https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/law-facts/law-facts-bankruptcy/[2] Egan, J. (2022, April 7). [read post]
30 Mar 2024, 5:14 am
[2] See FTC v. [read post]
29 Mar 2024, 7:28 pm
That does not suggest laissez faire in the style of Milton Friedman--it does suggest that public policy creates guard rails and expectations but does not drive micro-decision making. [read post]
29 Mar 2024, 5:55 am
In addition, Draft Article 7(2) provides that a State “shall also take the necessary measures to establish” jurisdiction in cases where a suspect “is present in any territory under its jurisdiction and it does not extradite or surrender the person” concerned (which some term “conditional universal jurisdiction”). [read post]
29 Mar 2024, 3:42 am
The CIHRS, however, does not declare victory yet. [read post]
28 Mar 2024, 9:01 pm
However, the definition does not cover RIAs or ERAs. [read post]
28 Mar 2024, 7:27 am
The Patent Trial and Appeal Board (PTAB) issued a split final written decision holding claims 1, 2, 5, 7, and 10–13 unpatentable based on the combinations of Keitler/Briggs (Ground 1) and Bridges/Briggs (Ground 3). [read post]
28 Mar 2024, 2:21 am
The Victorian Society (“VS”) alone has opted to become a party opponent [2]. [read post]
27 Mar 2024, 3:39 pm
Yet, it does not justify an interpretation of the Constitution that tolerates let alone sustains corporate infringement of individual rights and encroachment on governmental powers. [read post]
27 Mar 2024, 12:41 pm
Apr. 13, 2017); 293 F. [read post]
27 Mar 2024, 5:58 am
In addition to their claims of violations under Articles 2 and 8, they also complain of an Article 13 (right to an effective remedy) violation by the Swiss government (in French). [read post]
