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21 May 2024, 5:00 am by Written on behalf of Peter McSherry
Court Explains the Legal Principles Applicable to Awards of Moral Damages As noted by the Court of Appeal, “the duty of honest performance applies to all contracts, including employment contracts”, and this duty includes an employer’s obligation to act in good faith during the course of dismissing someone from their employment. [read post]
21 May 2024, 5:00 am by Written on behalf of Peter McSherry
Court Explains the Legal Principles Applicable to Awards of Moral Damages As noted by the Court of Appeal, “the duty of honest performance applies to all contracts, including employment contracts”, and this duty includes an employer’s obligation to act in good faith during the course of dismissing someone from their employment. [read post]
21 May 2024, 4:00 am by Alan Macek
However, the Federal Court of Appeal (see Sweet Productions Inc. v. [read post]
21 May 2024, 2:35 am by musicandcopyright
The music companies requested that the Supreme Court review the ruling, and the highest court in the US has now affirmed the appeal court’s decision. [read post]
20 May 2024, 9:05 pm by renholding
Strikingly, Judge Pérez’s concurrence in Frutarom recognized that the court unnecessarily created new law, engaging in undue judicial policymaking. [read post]
20 May 2024, 4:25 pm by Dennis Crouch
By allowing the judge-made ODP doctrine to override this statutory guarantee, the court improperly elevated its own precedent over the intent of Congress. [read post]
20 May 2024, 3:23 pm by Dennis Crouch
However, Judge Bencivengo, sitting by designation at the Federal Circuit, dissented in part, arguing that in exceptional cases based on the complaint being objectively baseless from the start, district courts should have discretion to award defendants all reasonable fees, including those incurred in an IPR that resolved invalidity defenses asserted in response to the baseless complaint. [read post]
Regardless of the outcome of the pending lawsuits, we anticipate that the losing party(ies) will appeal the decision, and that such challenges will continue until this issue reaches the Supreme Court’s doors (a process that could take upwards of 18 to 24 months, plus additional time for the Supreme Court to resolve the question). [read post]
20 May 2024, 8:40 am by David Pozen
” Yet given this status quo, contemporary drug reformers have little to lose from pitching new legal arguments, not only or primarily to the Court but also to state judges and extrajudicial audiences. [read post]
20 May 2024, 8:06 am by Guest Author
The time-intensive historical inquiries demanded by originalism pose challenges for district and court of appeals judges with many cases to decide. [read post]
20 May 2024, 7:24 am by Tom Dannenbaum
The independence of the Court and the Prosecutor must be respected: Whatever their view of the merits of today’s announcement, all States ought to be united in resisting efforts to intimidate the Prosecutor, the judges, or those on their staff. [read post]
20 May 2024, 5:01 am by Doriane Coleman
She appealed the CAS decision to the Swiss Federal Tribunal, where she lost; and the SFT's decision to the European Court of Human Rights, where she won an initial round—the en banc hearing on Switzerland's appeal is this month.) [read post]
20 May 2024, 4:15 am by Rebecca Hamilton
Judges determine whether to release the arrest warrant publicly upon its issuance by a Pre-Trial Chamber (the following step in the process). [read post]
19 May 2024, 9:05 pm by The Regulatory Review
Mar 15, 2023 | Taking a Second Look at Immigration Appeals | Scholar argues that the way immigration case appeals are handled may need an overhaul. [read post]
19 May 2024, 9:05 pm by Reed Shaw
In a 2-1 ruling, the appeals court rejected the plaintiffs’ two primary claims. [read post]