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8 Jun 2021, 11:32 am by Eleonora Rosati
The end result of that litigation was that both parties agreed there was a contract between them and that it was governed by the law of the state of Pennsylvania (where it had been litigated). [read post]
14 Sep 2008, 8:10 pm
Whether the no-stating-the-tax provision is more akin to a price-advertising ban (governed by the commercial-speech doctrine) or to a ban on protesting a new tax in the forum most likely to get consumers' attention (governed by the political-speech doctrine) need not detain us. [read post]
3 Jan 2022, 12:58 am by Peter Mahler
As stated by the Appellate Division, First Department in Yudell v Gilbert, borrowing from the Delaware Supreme Court’s Tooley formulation, the determination depends on “(1) who suffered the alleged harm (the corporation or the stockholders); and (2) who would receive the benefit of any recovery or other remedy (the corporation or the stockholders individually). [read post]
2 Jun 2010, 6:55 am by Adam Chandler
In other Court action, forty-eight states and the District of Columbia filed an amicus brief in Snyder v. [read post]
10 Jan 2023, 5:00 am by Nicolas P. Terry
The reality is that HIPAA is akin to a badly designed faucet, allowing health care information to leak to law enforcement. [read post]
10 Jul 2017, 4:04 pm by Abbott & Kindermann
(2) Does the ICCTA preempt a state agency’s voluntary commitments to comply with CEQA as a condition of receiving state funds for a state owned rail line and/or leasing state-owned property? [read post]
16 May 2011, 9:21 pm
Rebecca stated that the judges have full discretion on awards, so although there are no awards for punitive damages, damages awards can seem to be increased to reflect something akin to a recognition for punitive damages. [read post]