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22 May 2024, 10:23 am by David Luban
Under the ICC’s founding principle of complementarity, a case is “inadmissible” if it is being “investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution” (Rome Statute art. 17(1)(a)). [read post]
22 May 2024, 9:52 am by Shane McCall
Section 127.304(i) explicitly states “the decision of the [SBA’s Director for Government Contracting] to decline certification is the final agency decision. [read post]
22 May 2024, 6:00 am by Public Employment Law Press
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York City Tr. [read post]
22 May 2024, 6:00 am by Public Employment Law Press
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York City Tr. [read post]
22 May 2024, 4:00 am by Eric Segall
In other words, Alito is who he always was, and the "Concerned Alumni of Princeton," with their focus on white-male success, was a perfect fit for him.2) When the United States Court of Appeals for the Third Circuit decided Planned Parenthood v. [read post]
22 May 2024, 1:15 am by Charlie French (Bristows)
Although the Court of Appeal stated in Ocado v AutoStore that the interest of the general public usually arises after a decision is rendered, the position was different in this case as it might be too late for Nicoventures to use the information in the EPO proceedings if access was not granted immediately. [read post]
21 May 2024, 9:01 pm by renholding
District Court for the Eastern District of Texas on May 2, 2024 that seeks to vacate the Final Rule and exemption amendments and enjoin the Department from enforcing, implementing, or otherwise giving them effect in any manner.3 In addition, on May 15, 2024, members of the House and Senate introduced a resolution to overturn the Final Rule pursuant to the Congressional Review Act (“CRA”).4 Nonetheless, participants in the financial services industry, including, asset… [read post]
21 May 2024, 1:15 pm by Tobin Admin
In a recent case, a motorcyclist was fatally injured in an accident when his bike was struck by a car on a state highway. [read post]