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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]
11 Dec 2023, 8:33 am by CMS
He stated that the aim, purpose, and effect of s 3(1) was to relieve a claimant of the need to plead or prove any actual loss on the balance of probabilities as a matter of historical fact. [read post]
7 Dec 2023, 6:00 pm by Badrinath Srinivasan
The persons “claiming through or under” can only assert a right in a derivative capacity; j. [read post]
7 Dec 2023, 1:17 am by CMS
The court considered that Colton J did not act wrongly or illegally in approaching this matter in the way that he did regarding the four-part test established in the case of Stott. [read post]
6 Dec 2023, 12:55 am by Michael Douglas
The Full Court was comprised of judges who are, with respect, well known for their private international law and maritime law expertise: Allsop CJ, Rares J and Derrington J. [read post]
4 Dec 2023, 4:25 pm by Maria Hook
The legislative history of s 26 suggests that the section was not intended to be weighed down by jurisdictional considerations, and that Cooper J’s approach may have been unduly restrictive. [read post]
2 Dec 2023, 1:45 pm
” Restatement (Third) of Unfair Competition §23, at 250, Comment b (1993); accord, id., §23, at 251, Comment d; 4 J. [read post]
30 Nov 2023, 7:38 am by INFORRM
In his judgment in Davidoff v Google LLC ([2023] EWHC 1958 (KB)) Nicklin J has comprehensively restated the principles to be applied on Norwich Pharmacal applications, emphasising the importance of balancing the Convention rights of the applicant and those of the alleged wrongdoer. [read post]
30 Nov 2023, 6:00 am by Public Employment Law Press
Citing the decision in Matter of Marsteller, 217 AD3d 543, the Appellate Division said "(t)he affirmation of Eric J. [read post]
30 Nov 2023, 6:00 am by Public Employment Law Press
Citing the decision in Matter of Marsteller, 217 AD3d 543, the Appellate Division said "(t)he affirmation of Eric J. [read post]
24 Nov 2023, 7:38 am by CMS
Mr Bedzhamov’s application was granted by Falk J on 5 March 2021 (“Falk J’s Order”). [read post]
16 Nov 2023, 4:00 am by Shea Denning
Noting that law enforcement officers may (1) search the arrestee’s person and the area within his immediate control upon arrest and (2) may search a vehicle incident to a recent occupant’s arrest if (a) the arrestee is within reaching distance of the passenger compartment at the time of the search or (b) it is reasonable to believe the vehicle contains evidence of the offense of arrest, the Court determined that neither justification applied. [read post]
12 Nov 2023, 4:00 am by Administrator
That said, we would apply the curative proviso in s. 686(1)(b)(iii) of the Criminal Code, R.S.C. 1985, c. [read post]
10 Nov 2023, 1:35 pm by Cynthia Marcotte Stamer
The threshold phaseout amounts and the completed phaseout amounts shown in the table below for married taxpayers filing a joint return include the increase provided in § 32(b)(2)(B), as adjusted for inflation for taxable years beginning in 2024. [read post]