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29 May 2024, 4:58 pm by Steve Bainbridge
”[13] Three months later Vice Chancellor Laster returned to the fray in Wagner v BRP Group, Inc.,[14] in which a similar contract was at issue.[15] In Wagner, the Vice Chancellor described Moelis as having adopted a two pronged test. [read post]
22 May 2024, 4:03 am by Andrew Lavoott Bluestone
Zaccaro, Co., Inc. v DHA Capital, LLC, 157 AD3d 602, 602 [1st Dept 2018], lv denied 31 NY3d 907 [2018]; see also Jerome Prince, Richard on Evidence § 8-215 [Farrell 11th ed 1995]). [read post]
8 May 2024, 6:00 am by Public Employment Law Press
[FN6]The G&T test, the SHSAT, and other standardized admissions tests used in screened middle and high schools are, according to plaintiffs, "culturally biased" and not "pedagogically sound. [read post]
8 May 2024, 6:00 am by Public Employment Law Press
[FN6]The G&T test, the SHSAT, and other standardized admissions tests used in screened middle and high schools are, according to plaintiffs, "culturally biased" and not "pedagogically sound. [read post]
28 Apr 2024, 11:33 am by admin
Baxter Healthcare Corporation, 428 Mass. 1 (1998)): Although there was conflicting testimony at the Oregon hearing as to the necessity of epidemiological data to establish causation of a disease, the judge appears to have accepted the testimony of an expert epidemiologist that, in the absence of epidemiology, it is ‘sound science…. to rely on case reports, clinical studies, in vivo tests and animal tests. [read post]
18 Apr 2024, 2:05 pm by Steve Bainbridge
The test for waste is whether any person of ordinary sound business judgment could view the transaction as fair. [read post]
9 Apr 2024, 9:01 pm by renholding
Merrill Lynch, Pierce, Fenner & Smith, Inc. and In re Mintze,[16] while not addressing the particular issue at hand, were instructive in evaluating the conflict and attempting to harmonize the statutes that were in tension with each other for the purpose of claims allowance.[17]  Judge Goldblatt read the Hays decision to stand for the principle that “to defeat arbitration one would need to show a conflict between the Bankruptcy Code and arbitration,” and that the fact… [read post]
3 Apr 2024, 4:08 pm by admin
Merrell Dow Pharms., Inc., 509 U.S. 579, 593-594 (1993). [2] Id. at 594 (internal citations omitted) (emphasis added). [3] Id [read post]
28 Mar 2024, 4:21 am
In re C&D Brewing Ventures, Inc., Serial No. 88935220 (March 26, 2024) [not precedential] (Opinion by Judge Wendy B. [read post]
27 Mar 2024, 12:23 am
Then I'm issuing a press release and going on the networks -- Fox News sounds good to me too -- and am telling everyone "I want to emphasize that there's a cure for cancer. [read post]
16 Mar 2024, 5:39 pm by Russell Knight
It may sound bizarre, but a lawyer can stop a witness and politely ask, “Are you sure about that? [read post]