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26 Jan 2018, 12:21 am by Giesela Ruehl
This interpretation seems to align well with earlier decisions by the Court, according to which the special head of jurisdiction in Art 16(1) Brussels I is only available personally to the consumer who is party to the consumer contract in question (Case C-89/91 Shearson Lehman Hutton, [23]; Case C-167/00 Henkel), [33]), and according to which the assignment of a claim does not affect international jurisdiction under the Brussels I Regulation (Case C-352/13 CDC Hydrogene Peroxide,… [read post]
16 Aug 2012, 9:26 am by Tobias Thienel
The jurisdiction to reopen is provided by Section 153(1) of the Administrative Courts Act, read with Section 580 No. 8 of the Code of Civil Procedure, the decision in the applicant’s case having become res judicata only after the entry into force of those provisions (31 December 2006; Section 35 of the Introductory Law to the Code of Civil Procedure). [read post]
16 Aug 2012, 8:26 am by Tobias Thienel
The jurisdiction to reopen is provided by Section 153(1) of the Administrative Courts Act, read with Section 580 No. 8 of the Code of Civil Procedure, the decision in the applicant's case having become res judicata only after the entry into force of those provisions (31 December 2006; Section 35 of the Introductory Law to the Code of Civil Procedure). [read post]
19 Sep 2008, 10:53 pm
We split the difference and call it by 8 points for Hoosiers, 35-27.Result: Zounds! [read post]
1 Nov 2021, 8:32 am by Berry Law
On the other hand, the DEA program does not require the Veteran to be deceased for their spouse or child to take advantage of the benefits. [read post]
14 Mar 2018, 4:10 am by Dennis Crouch
”[7] The parent patent’s specification does not use the term “transactional operator,” but it does describe a microcomputer, keyboard, and display. [read post]
26 Oct 2007, 11:01 am
Code § 35-38-1-7.5) is placed within the criminal code, the provision for registration and the duration of the registration period is within the statutory code provisions dealing with the Department of Correction. [read post]
26 Jul 2012, 6:42 pm by Rantanen
According to the proposed Guidelines: Even if the only differences between the subject matter in the prior art disclosure that is relied upon under 35 U.S.C. 102(a) and the subject matter publicly disclosed by the inventor before such prior art disclosure are mere insubstantial changes, or only trivial or obvious variations, the exception under 35 U.S.C. 102(b)(1)(B) does not apply. [read post]
30 Jul 2019, 6:23 am by Dan Harris
Note if the manufacturing on your product does not begin until the factory has received your initial 35% payment this further delays work on your product. [read post]
16 Apr 2013, 4:00 am by Michael Posluns
First Nations communities and persons have been moderately successful in litigating s. 35(1) rights because the Court has insisted that section 35 not be interpreted as being without meaning, as the Government argued in Sparrow in 1990 and periodically ever after. [read post]
28 Mar 2010, 7:46 pm by Dennis Crouch
  However, Gajarsa, while concurring, states: “[T]he text of section 112, paragraph 1 is a model of legislative ambiguity. [read post]
1 Oct 2013, 8:15 am by Dennis Crouch
Within this framework, a party's status actually does make some difference for fee-shifting. [read post]
12 Feb 2024, 3:30 am by Elspeth Guild
Nor was it affected by the facts that: (1) the Ministry body did not itself process any personal data; (2) it had no contract with the company developing the app; (3) it did not acquire the mobile application at issue; nor (4) did it authorise dissemination of the app through online shops (para 35). [read post]
17 Mar 2010, 12:09 am by Orin Kerr
Post #1 is available here, post #2 is here, post #3 is here, and post #4 is here. [read post]