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27 Apr 2022, 7:28 am
§ 46(g), which provides that the FTC may “[f]rom time to time … classify corporations and … make rules and regulations for the purpose of carrying out the provisions of sections 41 to 46 and 47 to 58 of this title. [read post]
27 Apr 2022, 4:34 am
Jones, 575 F.3d 1281 (11th Cir. 2009). [read post]
26 Apr 2022, 5:53 am
Ray, __ F. [read post]
26 Apr 2022, 5:40 am
” Courts typically find omissions actionable: “(1) when the defendant is in a fiduciary relationship with the plaintiff; (2) when the defendant had exclusive knowledge of material facts not known to the plaintiff; (3) when the defendant actively conceals a material fact from the plaintiff; and (4) when the defendant makes partial representations but also suppresses some material facts. [read post]
26 Apr 2022, 3:24 am
This is true even if the defendant doesn't not contest the issue. [read post]
25 Apr 2022, 9:05 pm
Cherry & Judd F. [read post]
25 Apr 2022, 9:01 am
Laurie (N.H. 1995) (overturning a defendant's murder conviction because the State failed to disclose certain employment records of a testifying detective that "reflect[ed] negatively on the detective's character and credibility"). [read post]
25 Apr 2022, 6:18 am
By Rodney F. [read post]
25 Apr 2022, 5:01 am
" The board's email to Plaintiff Rash, on the other hand, warned that "[f]uture violations will result in your microphone being cut off and your time forfeited" and that "[f]uture violations may also result in you no longer being allowed to speak during patron comments. [read post]
25 Apr 2022, 4:32 am
Google, Inc., 624 F. [read post]
22 Apr 2022, 9:19 am
Degree of Fault The degree of fault attributable to a libel defendant’s actions varies with the plaintiff’s public or private status. [read post]
22 Apr 2022, 7:51 am
§ 1308.11(b)-(f) (complete listing of schedule I drugs and substances). [read post]
22 Apr 2022, 7:35 am
Even with the AEDPA overlay, it is easier for a defendant to satisfy the defendant-friendly Chapman harmless-error standard than the more-exacting Brecht requirement of “actual prejudice. [read post]
21 Apr 2022, 10:47 am
The Holley factors are: (A) the desires of the child(ren); (B) the emotional and physical needs of the child(ren) now and in the future; (C) the emotional and physical danger to the child(ren) now and in the future; (D) the parental abilities of the individuals seeking custody; (E) the programs available to assist these individuals to promote the best interest of the child(ren); (F) the plans for the child(ren) by these individuals or by the agency seeking custody; (G) the stability of the… [read post]
21 Apr 2022, 7:28 am
Under the Moscow treaty of Sept. 19, 1944, Finland had to fight a war to disarm strong German forces defending Lapland, give up large swathes of land, hold war crimes trials for its wartime political leadership, demobilize its armed forces, rent a military base in Porkkala to the Soviet Union for 50 years, legalize the outlawed Communist Party and disband all associations hostile to the Soviet Union. [read post]
20 Apr 2022, 5:00 pm
We’re prepared to defend, and we remain so. [read post]
19 Apr 2022, 4:14 pm
Inc., 774 F.3d 598, 606 (9th Cir. 2014). [read post]
19 Apr 2022, 12:37 pm
Recently, the Second Circuit issued a significant Freedom of Information Act (“FOIA”) decision construing the FOIA exemption covering law enforcement records that “would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law,” 5 U.S.C. [read post]
19 Apr 2022, 10:20 am
Stirling, 27 F.4th 269 (Mar. 2, 2022). [read post]
19 Apr 2022, 8:00 am
” 997 F.3d at 1156 [read post]
