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8 Jul 2011, 11:22 am
In the three cases that did reach the merits, however, the government’s side readily won: 8-0, 8-1, and 7-2. [read post]
22 Mar 2018, 3:41 am
In 2-1 decision by a three-judge panel, the U.S. 4th Circuit Court of Appeals—which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia—reversed a decision to grant summary judgment—meaning the trial court had found there was no case to move forward—in favor of a governmental entity. [read post]
22 Mar 2018, 3:41 am
In 2-1 decision by a three-judge panel, the U.S. 4th Circuit Court of Appeals—which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia—reversed a decision to grant summary judgment—meaning the trial court had found there was no case to move forward—in favor of a governmental entity. [read post]
14 Aug 2011, 1:40 pm
" Id. at 3. [read post]
5 Jan 2015, 8:19 pm
Such immunity does not last long, though. [read post]
25 Jun 2015, 5:12 pm
Robert Brown and John C. [read post]
10 Oct 2014, 11:39 am
Cl. 2, Amendments IX, X[1]· German Basic Law, arts.20-25; 31[2]· Constitution of South Africa, arts. 1, 2, 39, 146-150[3]· Indiana Code 1-1-2-1[4]· Hierarchy of Law in Georgia[5]__________Hierarchy of Law in the United StatesConstitution of the United StatesArticle,… [read post]
16 Jun 2010, 3:50 pm
The Realities of Bringing and Defending a Lanham Act Case in Federal Court Part 2: Litigating and Proving the CaseThomas C. [read post]
24 Jun 2009, 5:36 am
More on "Strategic Sandbagging": Let the Buyer Beware Reacting to this blog recently from John Jenkins, a member posed the question: why, given the virtually universal use of indemnification, does reliance matter? [read post]
15 Jan 2021, 5:13 pm
A tort is a “wrongful act [tha]t… may be either (1) a direct invasion of some legal right of the individual; (2) the infraction of some public duty by which special damage accrues to the individual; (3) the violation of some private obligation by which like damage accrues to the individual. [read post]
14 Feb 2008, 5:00 pm
I was taken first to the disambiguation page, which lists three Michaels Dorf: 1) me; 2) the Michael Dorf of Knitting Factory fame (with whom I have exchanged bemused correspondence in the past); and 3) Michael Dorf, the Mossad agent who participated in the assassination of the Munich terrorists, as portrayed most famously in Steven Spielberg's film Munich.I'm flattered to have a Wikipedia page at all, even if it is only a "stub. [read post]
23 May 2022, 7:40 am
The third amended complaint brings forth five claims against Home Depot: 1) Failure to pay hourly wages, 2) failure to provide adequate written wage statements, 3) failure to pay wages at the termination of employment, 4) violation of California’s Unfair Competition law, and 5) penalties from Home Depot’s violation of numerous state labor codes. [read post]
9 Jan 2024, 9:01 pm
Here, we give all credit to John Connolly, who located these Louisville Daily Journal sources, along with several related contemporaneous newspaper articles. [read post]
15 Aug 2011, 11:50 am
What does this mean for a future Supreme Court appeal in Perry? [read post]
4 Dec 2008, 11:02 am
Letter at 2-3.For these reasons, §2.03, as it relates to single issue certification, "should be revised to endorse (and not reject, as it presently does) the widely held judicial view that issues trials are appropriate only where a class action as a whole satisfies the predominance requirement. [read post]
8 Sep 2008, 5:42 pm
The new interim rules essentially do two things: (1) they create a new subpart (DFARS Subpart 204.73) reminding contractors of the potential applicability of U.S. export laws, and (2) they create two new contract clauses, one of which should be included in all DOD contracts, making a contractor's export compliance efforts an express contractual requirement. [read post]
8 Apr 2024, 5:00 am
By John Filar AtwoodBetter Markets has written to the SEC to offer a defense of the agency’s predictive analytics proposals against critics who claim the proposals are unnecessary, flawed, and overbroad. [read post]
7 Aug 2014, 12:13 pm
Circuit in Johnson, the municipal advisor and NRSRO bars: (1) inflict collateral consequences beyond merely remedying the harm; (2) punish Lawton by restricting his occupational freedom; and (3) are punitive in effect, even if the purpose is remedial. [read post]
10 Jul 2009, 10:06 am
The SEC recently voted (3-2) to eliminate broker discretionary voting in director elections for meetings held on or after January 1, 2010. [read post]
5 Sep 2016, 4:28 am
John, and Vernoia.On appeal from the Superior Court of New Jersey, Chancery Division, Camden County, Docket No. [read post]