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25 Oct 2022, 2:37 pm by Michael Lowe
  In these matters, the statute provides that the prosecution does not have to get a unanimous jury verdict on the issues of (1) which specific conduct engaged in by the defendant constituted an offense under Section 20.05 or (2) on which exact date the defendant engaged in that conduct. [read post]
20 Oct 2011, 12:53 am by Melina Padron
 There were many interesting issues arising from this case, in particular the Court’s comments on the sovereignty of the Scottish government (paras. 47-51), and the insurance companies’ argument that the Damages Act 2009 breached the ECHR (Art 1 of Protocol I to the Convention). [read post]
21 Aug 2013, 4:00 am by Ian Mackenzie
This is the ground-breaking decision that confirmed a tort of “intrusion upon seclusion” and does not directly address the open court principle. [read post]
  The Second Circuit reasoned that “the existence of an ongoing business plan to develop the Haynesville Shale does not exempt the defendants from [the production in paying quantities] requirement. [read post]
  The Second Circuit reasoned that “the existence of an ongoing business plan to develop the Haynesville Shale does not exempt the defendants from [the production in paying quantities] requirement. [read post]
9 Oct 2016, 9:35 am by Andy Taylor
The material-change-of-circumstances standard does not apply in termination of guardianship cases. [read post]
  The Second Circuit reasoned that “the existence of an ongoing business plan to develop the Haynesville Shale does not exempt the defendants from [the production in paying quantities] requirement. [read post]
21 Mar 2011, 3:09 pm
American Piledriving didn't think through what a reasonable construction should be. 1. [read post]
  The Second Circuit reasoned that “the existence of an ongoing business plan to develop the Haynesville Shale does not exempt the defendants from [the production in paying quantities] requirement. [read post]
17 Oct 2013, 5:00 am by Bexis
  Therefore, we hold today that a plaintiff who does not read an allegedly inadequate warning cannot maintain a negligent-failure-to-adequately-warn action unless the nature of the alleged inadequacy is such that it prevents him from reading it.Id. at 971.This ruling has been extended to situations where the prescriber fails to read a warning. [read post]
22 Sep 2022, 6:30 am by Guest Blogger
”[10] It determined that, while the federal government is obligated to implement emissions reduction targets, this obligation does not exist at the state-level. [read post]
2 Apr 2014, 9:26 am by Steven Ballard
Holmes (no link yet available - see entire decision copied below this post) that temporary alimony, awarded before final judgment in a divorce action, does not have to be credited toward a calculation of the maximum term of general term alimony set by the 2011 Alimony Reform. [read post]
14 Nov 2023, 12:30 am by Dennis Dimka
Transparency: Website visitors shouldn’t have to make guesses — make sure it’s obvious what your practice area is, where you’re located, and who you are. 51 Best Law Firm Websites 1. [read post]
23 Oct 2008, 9:03 am
Mercury Marine, 537 U.S. 51, 64 (2002) (quoting English); American Insurance Ass'n v. [read post]
26 Aug 2018, 12:59 pm by Omar Ha-Redeye
(3) Does the Regulated Conduct Defence apply to the 2000 Beer Framework Agreement? [read post]
29 Jun 2022, 4:49 pm
After granting summary judgment for the SIG on the first sale issue, the district court certified the following question to us:  does the first sale doctrine apply “when a trademarked product has been incorporated in a new product? [read post]