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8 Mar 2012, 1:06 pm by WIMS
§ 455(b)(4), and that vacatur is appropriate in the circumstances of this case, we vacate the final judgment and the summary judgment orders on which it was premised, and remand with instructions that this case be reassigned to a different judge. [read post]
8 Mar 2012, 1:00 am by Paul Caron
Pace & Eric Smith (Weber State University, John B. [read post]
7 Mar 2012, 5:21 am by admin
Smith   In yesterday’s Part 2 we discovered that although a city’s claim to increased payments from its non-profit institutions derives initially from need rather than logic, large non-profits become sprawling mega-businesses (Brown’s annual budget is larger than Providence’s) and as their tendrils reach ever further into the economy, there is certainly grounds for taxing their colonies. [read post]
6 Mar 2012, 4:03 pm by CaliforniaInsuranceDefense
The court agreed that Evidence Code, § 1401(a) required authentication of photos or video before they may be received in evidence, but found that merely required the party offering the evidence to show that the photo or video is what it purported to be or the establishment of such facts by any other means provided by law as per Evidence Code, § 1400(b). [read post]
6 Mar 2012, 4:03 pm by CaliforniaInsuranceDefense
The court agreed that Evidence Code, § 1401(a) required authentication of photos or video before they may be received in evidence, but found that merely required the party offering the evidence to show that the photo or video is what it purported to be or the establishment of such facts by any other means provided by law as per Evidence Code, § 1400(b). [read post]
6 Mar 2012, 4:03 pm by CaliforniaInsuranceDefense
The court agreed that Evidence Code, § 1401(a) required authentication of photos or video before they may be received in evidence, but found that merely required the party offering the evidence to show that the photo or video is what it purported to be or the establishment of such facts by any other means provided by law as per Evidence Code, § 1400(b). [read post]
6 Mar 2012, 4:03 pm by CaliforniaInsuranceDefense
The court agreed that Evidence Code, § 1401(a) required authentication of photos or video before they may be received in evidence, but found that merely required the party offering the evidence to show that the photo or video is what it purported to be or the establishment of such facts by any other means provided by law as per Evidence Code, § 1400(b). [read post]
5 Mar 2012, 7:24 am by Rebecca Tushnet
”  Again, Rule 23 doesn’t incorporate Rule 12(b)(6). [read post]
5 Mar 2012, 2:56 am by Alexandra Allan
Instead, Charterers relied in good faith upon Owners’ representations that they: (a) would find a substitute vessel; and (b) would compensate Charterers for all damages arising out of Owners’ breach. [read post]
5 Mar 2012, 2:00 am by Steve Lombardi
This past Friday Iowa became the first state to outlaw using a pretext to gain entry in a J-O-B when what you really want to do is show criminal activity. [read post]
4 Mar 2012, 11:48 am by Lawrence Solum
Introduction Speech act theory will forever be associated with the great J. [read post]
2 Mar 2012, 5:08 am by admin
Smith   [Continued from yesterday's Part 4 and the preceding Part 3, Part 2, and Part 1.] [read post]
29 Feb 2012, 12:10 pm by Paul Karlsgodt
Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 11-3639 (7th Cir., Feb. 24, 2012). [read post]
29 Feb 2012, 5:00 am by Kimberly A. Kralowec
Merrill Lynch, Pierce, Fenner & Smith, Inc., ___ F.3d ___ (7th Cir. [read post]