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ASIC also granted a class no-action position letter regarding unfair contract terms for institutional markets and called on industry to increase oversight of choice super performance. [read post]
14 Jan 2024, 5:01 am by Eugene Volokh
Stegall, 653 F.2d 180, 185–86 (5th Cir. 1981) (permitting plaintiffs to proceed pseudonymously because the lawsuit revealed their unpopular personal beliefs); Choice, Inc. of Tex. v. [read post]
12 Dec 2023, 5:00 am
Oct. 18, 2023 Nealon, J.).While a plaintiff’s choice of forum for a particular lawsuit is given great weight under Pennsylvania law, a defendant does have avenues to challenge the same. [read post]
4 Dec 2023, 10:30 pm by Sara Notario
’ (para. 95) According to the AG, the Court shall not adjudicate on political choices, such as the decision to deploy a mission (para. 118). [read post]
31 Oct 2023, 12:54 am by David Pocklington
There are no graves identified as war graves by the Commonwealth War Graves Commission [10]. [read post]
23 Oct 2023, 6:16 pm by Jeanne Huang
The passengers (supported by the Commonwealth Attorney-General and ACCC, as interveners) took a different starting point — the threshold question is whether the forum law, as a matter of interpretation, applies to the contract irrespective of the parties’ usage of an exclusive jurisdiction clause. [read post]
The Court found that a “request” connotes its ordinary meaning and requires employers to make a request in the form of a question, leaving the employee with a choice as to whether they will agree or refuse to work on a public holiday.[5] Relevantly, the Court observed that employees will often feel compelled and not understand that they have the capacity to refuse a request that is unreasonable.[6] The power imbalance to which the Court refers has likely informed the proposed… [read post]
6 Jun 2023, 8:00 am by ernst
The Enduring Influence of the 'Proper Law' Rule in Bonython v Commonwealth of AustraliaIan McDonald5. [read post]