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24 May 2011, 8:40 am by Cathyrn Hopkins, Olswang LLP
  Enid Costello had died of mesothelioma in 2006 aged 74 having worked for the defendant, Greif (UK) Limited (“Greif“) (and the predecessors of Greif) in an office at a steel drum factory for 18 years between 1966 and 1984. [read post]
26 Jan 2024, 12:37 pm by Guest Author
It’s not entirely clear which of these two positions Carr and Simington take, but there are some indications that they believe HB20 does trigger intermediate scrutiny. [read post]
17 Jan 2012, 11:57 pm by WOLFGANG DEMINO
If Zanios does not receive a written request for arbitration from me within one (1) month, or if I do not respond to any communication about the arbitration proceeding within ten (10) calendar days, I understand and acknowledge that I will have knowingly and voluntarily waived my right to arbitration on the incident in question[.] [read post]
19 Jan 2011, 2:56 pm by Steve Bainbridge
" If the right to decide belongs to the shareholders, however, what relevance does the board's motives have? [read post]
12 Nov 2010, 7:06 pm
Cir. 1991) (holding that "will be assigned" does not create "a present assignment of an expectant interest"). [read post]
16 Apr 2010, 6:00 am by Steven Peck
STANDARD OF REVIEW The Elder Abuse Act does not specify the standard of review to apply when reviewing protective orders granted under section 15657.03. [read post]
13 Sep 2008, 11:21 am
Rosado, 450 Mass. at 659- 660, quoting from St.1999, c. 74, § 1. [read post]
2 Oct 2009, 7:05 am by WOLFGANG DEMINO
First Court of Appeals, in an opinion by retired Justice Tim Taft issued Oct 1, 2009, decides issues remanded to it by the Texas Supreme Court in former clients' suit against O'Quinn, and finds no waiver of the right to arbitrate had occurred. [read post]
23 Jul 2014, 12:45 pm by Barry Sookman
However, the images remained widely available by searching through Google Images. [74] Mosely asked Google to stop indexing the pictures with reference to specific URLs. [read post]
17 Jan 2012, 7:10 am by Robert Chesney
Does the admission of evidence obtained by torture amount to a flagrant denial of justice? [read post]
4 Aug 2019, 1:26 pm by Bill Marler
” Rose does not require a formal medical record to recall how things went for her daughter over the next several days. [read post]
13 Mar 2019, 6:16 am by Kevin Kaufman
If the recipient does not sell immediately, any capital gain in the future would be measured from the donor’s original cost basis. [read post]
19 Nov 2017, 5:45 am by Barry Sookman
It does not apply to prevent the enforcement of court orders like the Equustek Order that impose no liability on the provider. [read post]
18 Feb 2018, 7:45 pm by Barry Sookman
The CDA  does not apply to prevent the enforcement of court orders like the order affirmed by the Supreme Court of Canada (the “Equustek Order”) that did not impose any liability on Google. [read post]
16 Sep 2018, 9:01 pm by Dean Falvy
” So how does Woodward get away with such a radical departure from these conventions? [read post]
26 Oct 2021, 2:52 pm by Patricia Hughes
This obligation, however, does not extend only to constitutional partners in that sense. [read post]
17 Jul 2010, 2:11 am by INFORRM
Thus, if the true meaning of a document is in issue, the fact that the construction preferred by the judge is plausible does not prevent an appellate court from deciding the matter for itself. [read post]
2 Nov 2021, 8:26 pm by David Kopel
A third was submitted by Prosecutors Against Gun Violence, an organization of 74 prosecutors who support efforts to reduce violence involving guns (PAGV Brief). [read post]
24 Sep 2015, 5:24 am
  Should a PMA design claim somehow slip through the Riegel cracks, the implied preemption argument we’re making here could serve as a fall-back – but our warning about judges does, too.We start with the proposition that the FDA’s device regulations require that any “major modification” of a device’s design must be submitted to the FDA beforethat change is made. [read post]