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27 Sep 2015, 9:01 pm
§2735.04(D)(1)(a) and §2735.04(D)(3) codify existing case law on a receiver’s ability to sell property “free and clear of liens” (with limited exceptions). [read post]
27 Sep 2015, 6:21 pm by Kevin LaCroix
The fact that the ADRs only trade over the counter wouldn’t seem to matter because the investors’ purchase of the ADRs would still seem to meet Morrison’s second prong, referring to domestic transactions in other securities. [read post]
26 Sep 2015, 5:42 am
N’Namdi and Writer discussed including the phrase "Lives Matter" or "All Lives Matter" and rejected it. [read post]
25 Sep 2015, 6:43 am
[Mendoza] does not challenge the jury's conclusion that he was not objectively entrapped as a matter of fact.State v. [read post]
23 Sep 2015, 4:00 am by Administrator
Counsel need to ensure that the expert witness understands matters such as the difference between the legal burden of proof and scientific certainty, the need to clarify the facts and assumptions underlying the expert’s opinion, the need to confine the report to matters within the expert witness’s area of expertise and the need to avoid usurping the court’s function as the ultimate arbiter of the issues. [read post]
17 Sep 2015, 10:18 am
The only issue in this appeal is whether Chevaldina’s use of the Photo in her blog posts constitutes fair use, as a matter of law, under Section 107 of the Copyright Act. [read post]
17 Sep 2015, 2:51 am by Nani Jansen
This reality cannot be ignored: no matter how much we’d perhaps want to, it is very difficult for human beings to overcome their own inherent bias. [read post]
14 Sep 2015, 6:00 am
Matter of D-M-C-P-, 26 I&N Dec. 644 (BIA 2015); The Board decided that neither the Board, nor the Immigration Courts have jurisdiction to determine if a respondent was properly placed into Asylum-Only Proceedings pursuant to INA § 217. [read post]
11 Sep 2015, 3:23 pm by Schachtman
I doubt that many people would hesitate, on either logical or scientific grounds, to attribute a child’s phocomelia birth defects to his mother’s ingestion of thalidomide during an appropriate gestational window in her pregnancy. [read post]
9 Sep 2015, 6:10 am
Please feel free to give me a call anytime to discuss this matter. . . . [read post]
9 Sep 2015, 4:00 am by Administrator
The Defendant had deducted the amount of its invoice from the Plaintiff’s settlement funds, so she was already out of pocket for the legal fees; if she were inclined to dispute the invoice, it was to her advantage to expedite the matter rather than to delay it. [read post]