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25 Sep 2021, 2:36 pm by Eugene Volokh
From a West Virginia Attorney General's opinion handed down two weeks ago, but just posted on Westlaw, the conclusion: [A] law requiring all state employees to be vaccinated or requiring all businesses to demand vaccine passports from all patrons would violate our State's constitution (as it should be properly understood) and violate both state and federal law. [read post]
15 Sep 2021, 8:05 am by Eugene Volokh
The article then sets forth a series of facts about the supposed conspiracy to hide the farm's move, the use of undocumented labor at Midwestern dairy farms, the Nunes family farm's alleged use of undocumented labor, and the Congressman's position on immigration enforcement, in a way that reasonably implies a connection among those asserted facts. [read post]
13 Sep 2021, 1:29 pm by John Holtz
One was from Millennium Engineering and Integration Company (“Millennium”), and another was from Odyssey Systems Consulting Group, Ltd. [read post]
10 Sep 2021, 6:00 am by Christopher G. Hill
It doesn’t make sense, unless BATC sees a revenue producing opportunity once MN GreenStar is out of the way. [read post]
6 Sep 2021, 8:07 am by Kevin LaCroix
Through the first eight months of 2021, there have been a total of 146 federal court securities class action lawsuit filings; by way of comparison, at this same point in 2020, there had been 232 federal court securities suit filings, meaning that the YTD 2021 filings declined 37% relative to the same point in 2020. [read post]
30 Aug 2021, 1:44 pm by Giles Peaker
The Tribunal found: It is unacceptable for a Manger to seek to subvert the express terms of a Management Order in this way. [read post]
25 Aug 2021, 4:55 am by CMS
These principles (as approved and slightly amended by Blindley Heath Investments Ltd & Anor v Bass [2015] EWCA Civ 1023 (“Blindley Heath”)) were referred to in Lord Burrows’ Supreme Court judgment: It is not enough that the common assumption is merely understood by the parties in the same way. [read post]
18 Aug 2021, 4:00 am by Administrator
Further, the harm likely to be suffered by the plaintiff as a result of the defendant’s expression of the matter in the public interest is sufficiently serious that the public interest in permitting the action to continue outweighs the public interest in protecting the defendant’s rights to express his view of how the plaintiff operates. [read post]
4 Aug 2021, 2:23 am by CMS
This, they argued, extended to cases in which the cause of action had accrued part way through the day or in the first millisecond of a day (‘midnight deadline’ cases). [read post]
1 Aug 2021, 1:54 pm by Giles Peaker
At this trial hearing, the freeholders sought: i) Damages for breach of lease against CID, expressed in two ways, on a ‘disgorgement basis’, or on a ‘negotiating basis; and ii) a continuation of the injunction against the first defendant. [read post]
30 Jul 2021, 1:31 am by Chloe Pettiti
The risks associated with the pandemic and indoor gatherings in particular will continue to be of concern for the foreseeable future, and it is therefore likely to be necessary, at least to some extent, to continue approaching search and doorstep delivery up orders with the Covid 19 precautions laid down by the court in mind (Calor Gas Ltd v Chorley Bottle Gas Ltd [2020] EWHC 2426 (QB)) in the way in which Brown Rudnick have become very familiar. [read post]
28 Jul 2021, 8:11 am by Dan Bressler
The article is worth reading in full for much more context, detail and analysis: “An arbitrator’s duty to avoid conflicts of interest” — “In Secretariat Consulting Pte Ltd v A Company [2021] EWCA Civ 6, England’s Court of Appeal held that, depending on the terms of the retainer, the relationship between a provider of litigation support services/expert and his or her client, may have one of the characteristics of a fiduciary relationship, namely a duty of… [read post]
11 Jul 2021, 9:38 am by Eugene Volokh
Likewise, for instance, a social media hosting mandate might except, for instance, spam pages, which the platform may define in certain content-based ways. [read post]
8 Jul 2021, 10:57 am by Giles Peaker
Express clauses in a lease will override the position found in this case. [read post]
2 Jul 2021, 8:06 am
Norges Bank also announced its decision to place Hyundai Engineering & Construction Co Ltd under observation due to an unacceptable risk that the company is contributing to or is itself responsible for gross corruption. [read post]