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Application of this new standard will put a greater focus at the post-trial ULP compliance stage, and might make settling ULPs more difficult given the uncertainty of these types of damages. [read post]
21 Apr 2015, 3:00 pm by George Greer
  On the one hand, these filings are often made too soon to meet applicable pleading standards. [read post]
14 Feb 2023, 2:41 pm
Specifically this talk will reference the use of AI models in advising judges to allow bail, and other real-world applications. [read post]
27 Feb 2007, 11:45 am
Note that some of the criticisms raised in the article are not fully applicable to other jurisdictions... [read post]
22 Apr 2008, 10:54 pm
The Abstract: "Long understood as a specialized branch of law applicable to unambiguously harmful transgressions, criminal law has become instead a mechanism for routine social regulation.... [read post]
17 Aug 2007, 8:24 am
Interim suspension is a powerful and important tool to protect the public from ongoing harm during the pendancy of disciplinary charges. [read post]
20 Dec 2022, 10:28 am by Legal Profession Prof
The North Dakota Supreme Court has ordered a suspension based on imminent threat of harm The application states that the documents submitted establish grounds to believe that Overboe has been experiencing a gradual, yet consistent, degeneration of her mental health.... [read post]
7 Aug 2019, 12:06 pm by CrimProf BlogEditor
Richard Jochelson and James Gacek (Robson Hall, University of Manitoba Faculty of Law and University of Edinburgh) have posted Reconstitutions of Harm: Novel Applications of the Labaye Test Since 2005 (ALBERTA LAW REVIEW (2019) 56:4) on SSRN. [read post]
1 Sep 2013, 5:29 pm by CrimProf BlogEditor
Murphy has posted A Survey of State Fetal Homicide Laws and Their Potential Applicability to Pregnant Women Who Harm Their Own Fetuses (Indiana Law Journal, Vol. 89, No. 2 (2014, Forthcoming)) on SSRN. [read post]
5 May 2016, 12:17 pm by Aslam Moosajee
In a judgment delivered on 5 May 2016, the court weighed up the harm that members of MFSA would allegedly suffer if the interim interdict was not granted against the harm that the Minister, the National Credit Regulator, other credit providers and consumers would bear if the interdict was granted. [read post]
12 Sep 2014, 5:54 am by INFORRM
” Previously, if a statement was defamatory, then liability was established (subject to there being no applicable defence); damages were presumed to flow from the defamatory statement and did not have to be proven. [read post]
5 Mar 2015, 3:45 pm
   Accordingly, because Hakkasan had failed to demonstrate a likelihood of irreparable harm, the Court denied both Hakkasan’s Application for Temporary Restraining Order and Motion for Preliminary Injunction. [read post]
16 Mar 2024, 7:50 am by David Adelstein
 The distributor argued the economic loss rule precluded recovery because the distributor had no duty to protect the crane company from purely economic harms. [read post]
5 Jun 2012, 12:51 am by John Diekman
The relevant inquiry is whether the harm flows directly from the application of the force of gravity to the object.Case: Andresky v. [read post]
20 Feb 2020, 6:03 am by Goldberg Jones
While that’s all well and good, it may not always be practical or applicable. [read post]
14 Nov 2019, 6:51 am by Anthony C. Kaye and Abran Vigil
  The trade groups claim that (1) because creditors are not permitted to access a credit report where there is no permissible purpose or consent from the non-applicant, the requirement violates the FCRA, and (2) because creditors are not permitted to obtain information about a non-applicant spouse or former spouse based solely on the applicant’s request, it violates the ECOA/Regulation B prohibition on requesting information on an applicant’s… [read post]