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28 Jan 2019, 6:16 am by Peter S. Lubin and Patrick Austermuehle
Two months later, the merger of SeniorDent and HCD fell apart, and HCD distributed SeniorDent to a holding company owned by the original owners of SeniorDent (“F&R”). [read post]
28 Jan 2019, 6:00 am by Christopher G. Hill
As to the accrual argument, the Court dismissed this argument stating that (1) the claim made by Hensel Phelps was not an action for indemnification that fell within an exception to the statute of limitations, and (2) that the express indemnification provision of the contract was overly broad and sought to indemnify Hensel Phelps from its own negligence in violation of the Uniwest v. [read post]
28 Jan 2019, 4:43 am by Curtis Bradley, Jack Goldsmith
To be sure, the issue is not entirely settled because the Supreme Court, in Goldwater v. [read post]
28 Jan 2019, 12:00 am by clc-admin
In the recently released decision in Riddell Kurczaba Architecture Engineering Interior Design Ltd v. [read post]
He found that Ms Stocker’s words were a significant and distorting overstatement of the common assault that in fact occurred, and thus fell far short of establishing a successful defence of justification. [read post]
24 Jan 2019, 12:08 am by INFORRM
He found that Ms Stocker’s words were a significant and distorting overstatement of the common assault that in fact occurred, and thus fell far short of establishing a successful defence of justification. [read post]
23 Jan 2019, 4:04 pm by Giles Peaker
Gibbs v Lakeside Developments Ltd (2018) EWCA Civ 2874 Oh dear… Behind the key point in this case lies a history of unfortunate things. [read post]
Up until this case, that position had support in domestic law (see AL (Serbia) v Secretary of State for the Home Department [2008] UKHL 42, [2008] 4 All ER 1127; R (Hooper) v Secretary of State for Work and Pensions [2005] UKHL 29, [2006] 1 All ER 487; and R (S) v Chief Constable of South Yorkshire [2004] UKHL 39, [2004] 4 All ER 193). [read post]
19 Jan 2019, 3:07 pm by Ilya Somin
In 2005, the Supreme Court generated widespread outrage when it ruled in Kelo v. [read post]
18 Jan 2019, 9:54 am by Herb Silber, Q.C.
The premise of this is that both evidence and representations (which this communication fell into) are not permissible. [read post]