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31 Mar 2014, 5:30 am
[vi] Class arbitrations are also allowed under JAMS proceedings. [read post]
29 Mar 2014, 6:08 am
March 29, 2014 Private parties may commence damages actions under the Competition Act (the “Act”) for violations of the criminal provisions of the Act (under Part VI) or a breach of a court or Competition Tribunal (“Tribunal”) order made under the Act. [read post]
28 Mar 2014, 8:08 am
On this point, the BCCA in Wakelam held: “I see nothing in the Competition Act to indicate that Parliament intended that the statutory right of action should be augmented by a general right in consumers to sue in tort or to seek restitutionary remedies on the basis of breaches of Part VI [of the Competition Act]” (see: Wakelam v. [read post]
25 Mar 2014, 7:55 pm
The trial court’s refusal to reopen its judgment, moreover, does not affect the application of claim preclusion. [read post]
24 Mar 2014, 10:56 am
So perhaps the RVP-I question does arise vis-a-vis the Hahns, whose shareholder funds presumably would be used, not to pay for contraception reimbursement directly, but instead to pay for part of the overall premiums to the plan insurance carrier. [read post]
24 Mar 2014, 2:56 am
By choosing the 1996 Act, the parties have made Chapters III-VI of the Act applicable to the arbitration proceedings. [read post]
20 Mar 2014, 11:17 am
There does not seem to be any precondition for doing so and no guidance has been provided as to when this option may be invoked. [read post]
19 Mar 2014, 9:01 pm
The RFRA text is not ambiguous: the government is mentioned prominently: it is explicitly forbidden from imposing a substantial burden it is the entity that must demonstrate that the burden furthers a compelling interest vis-à-vis the least restrictive means; and it is the only entity from which a claimant can “obtain appropriate relief. [read post]
19 Mar 2014, 7:00 pm
So I looked it up.Unlike the United States Constitution which gets to the judiciary in Article III, the Minnesota Constitution does not discuss the judiciary until Article VI. [read post]
17 Mar 2014, 2:00 pm
After surgically excising eight words, Saratoga County Supreme Court Justice Thomas D. [read post]
17 Mar 2014, 8:42 am
Increasingly, however, the federal executive branch does what President Obama and Attorney General Holder decided to do in 2011 regarding Section 3 of the Defense of Marriage Act – namely, to cease defending, or even to argue against, the constitutionality of the law, but to continue to enforce it and take the necessary steps, including appeal, to ensure that the Supreme Court has the final word on the constitutional question. [read post]
10 Mar 2014, 3:22 pm
The only basis for sustaining this factual scenario as representing a burglary-robbery vis-a-vis the father and a separate kidnapping, insofar as concerns the mother and son, is the imaginative manner by which the indictment was created to pose, in two neat, tidy packages, a burglary-robbery as to the father, and a kidnapping as to the mother and son. [read post]
6 Mar 2014, 5:52 pm
., Vertical AgreementThe Manufacturing Defendants contend that mere membership in RPX and agreement to fund a potential deal does not amount to a vertical conspiracy [because the agreement] allows individual RPX members [...] [read post]
5 Mar 2014, 10:00 am
VI. [read post]
5 Mar 2014, 7:00 am
VI. [read post]
3 Mar 2014, 5:00 am
This, by itself, does not prevent the emergence of a new constitutional regime. [read post]
28 Feb 2014, 2:00 am
Does that mean his speech was commercial? [read post]
27 Feb 2014, 10:41 am
Consumers are therefore likely to believe that applicant's services would include some type of "4D" special effects typical of other "4D" amusement park attractions but absent from applicant's maze.Therefore, since both prongs of Section 2(e)(1) had been satisfied vis-a-vis this refusal, the Board affirmed it as well.Read comments and post your comment here.TTABlog note: If the misdescription were material to the purchasing decision, the term might also be refused as… [read post]
27 Feb 2014, 6:00 am
Plaintiff James Dean, Inc. filed a trademark complaint against Twitter, as well as the fictitious persons, John Doe Defendants 1-5 Company, in an Indiana state court. [read post]
26 Feb 2014, 9:34 am
How does it convince seniors to shell out such a high entrance fee? [read post]
