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5 Oct 2015, 3:01 am by Administrator
Administrative Law Matters  4. [read post]
4 Oct 2015, 9:01 pm by Neil Cahn
Bounsing-Brady, the Second Department modified the maintenance award of Orange County Supreme Court Justice Debra J. [read post]
4 Oct 2015, 7:43 pm by Stephen Bilkis
The issues to be determined in this matter are whether Petitioner ACS has met its burden of proving by clear and convincing evidence that the subject child Heaven is a derivatively severely abused child based on the aggravated circumstances that led to the death of her sibling, five-year-old Jamar, as defined in Family Court Act §§ 1012(j) and 1051(e) and Social Services Law § 384–b (8)(a)(i). [read post]
28 Sep 2015, 6:00 am by David Kris
  The simplest approach in concept probably would be to remove or override domestic legal prohibitions on disclosure, where desired, in response to certain types of favored foreign production directives.[37]  As a matter of U.S. law, this would not be difficult technically (although it might be very challenging politically). [read post]
27 Sep 2015, 1:13 am
  Their collective view was that shape element (A) fell foul of Article 3(1)(e)(i) and shape elements (B) and (C) fell foul of Article 3(1)(e)(ii), but that neither Article 3(1)(e)(i) nor (ii) applied to all of (A), (B) and (C) together. [read post]
25 Sep 2015, 7:05 am by S & F Media LLC.
The article further highlighted that [the referral service] made no secret about courting African American and Latino consumers through R&B and hip hop radio stations, catchy jingles and outlandish spokespersons. [read post]
24 Sep 2015, 11:31 am by Lawrence B. Ebert
Pursuant to § 355(j)(2)(B), the ANDAdefendants notified Shire of the Paragraph IV certifications.In response, Shire sued the ANDA defendants forinfringing the asserted claims, along with certain otherclaims not at issue in this appeal, under 35 U.S.C. [read post]
21 Sep 2015, 2:37 am by Dave
 To say that the EU right to reside rules are politically contested is of course a given; but what politicians don’t seem to have cottoned on to is that they are also contested as a matter of law. [read post]
17 Sep 2015, 8:49 am by Megen Miller
While the trial court has authority to make a referee's interim order take immediate effect pending a judicial hearing under MCR 3.215(G)(1), the trial court cannot give immediate interim effect to a referee's order that changes custody under MCR 3.215(G)(3)(b). [read post]
17 Sep 2015, 6:01 am by Administrator
He said: Apart … from the question of contract …, it is said that in revenue cases there is a doctrine that the Court may ignore the legal position and regard what is called “the substance of the matter”, and that here the substance of the matter is that the annuitant was serving the Duke for something equal to his former salary or wages, and that therefore, while he is so serving, the annuity must be treated as salary or wages. [read post]
16 Sep 2015, 7:04 am by Docket Navigator
AKM Enterprise, Inc. d/b/a Moblize, Inc., 4-15-cv-01821 (TXSD September 11, 2015, Order) (Miller, J.) [read post]
15 Sep 2015, 5:53 am by Jack Goldsmith
By learning the secrets, the Chinese were able to include the design and technology in Beijing’s new stealth jet, the J-20. [read post]
14 Sep 2015, 4:32 pm by Kevin LaCroix
While one might argue that the class action mechanism renders such knowledge defenses irrelevant as a matter of collateral estoppel, a class benefitting from the Basic presumption is never accurately defined merely as purchasers between dates “X and Y,” but rather should be defined as purchasers between dates “X + Y, who did not know or believe that the misrepresentation was false or that an omission occurred. [read post]
11 Sep 2015, 6:53 am by Docket Navigator
D&M Holdings Inc. d/b/a The D+M Group et al, 1-14-cv-01330 (DED September 9, 2015, Order) (Andrews, J.) [read post]
9 Sep 2015, 2:53 pm
  The LMMA (§40:1299.47(B)(1)(a)(I)) outright forbids suing health care providers before a malpractice claim is evaluated by a medical review panel. [read post]