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15 Aug 2014, 10:00 am
As we have said many times, the burden is on plaintiff to prove that the warning was inadequate and that its inadequacy proximately caused the plaintiff’s injury; there is no burden on the manufacturer to prove its warning was adequate or that a different warning would not have mattered. [read post]
14 Aug 2014, 4:00 am
” The agreement also provided that “[n]o transcript of the arbitration hearingshall be required. [read post]
12 Aug 2014, 9:54 pm
” Ayala, 59 Cal. 4th at 531 n. 2. [read post]
11 Aug 2014, 11:43 pm
That’s a far cry from their argument now that the statute makes crystal clear that Congress intended to deny subsidies on the federal exchanges.I am not a fan of the “gotcha” flavor that some aspects of this case have taken on, but the challengers’ 2012 statements are relevant as a legal matter because what the government has to prove to win—as a matter of black-letter law under the Chevron doctrine—is that the statute is ambiguous. [read post]
11 Aug 2014, 8:33 pm
DOUDOU DIÈNE, United Nations Special Rapporteur on contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance Born in Senegal in 1941, Doudou Diène was a prizewinner in philosophy in Senegal’s Concours Général. [read post]
11 Aug 2014, 3:09 am
S. [read post]
8 Aug 2014, 6:11 am
” However, this seems to be in conflict with the Court of Appeals’ statement in Matter of Collins that, historically, the requirement that a witness be “examined” was “fulfilled when the witnesses took the stand and related what they knew of the circumstances” (60 NY2d 466, 471 n.3 [1983]). [read post]
5 Aug 2014, 6:51 pm
It is also regrettable that the statements of many participants were not made available and that many of these were relegated to the U-N- extranet pages. [read post]
3 Aug 2014, 11:34 am
GREGORY FURNELL, an individual, DARLENE BRADEN, an individual, and JAMIE JOHNSTON, n/k/a JAMIE TANNER, an individual, Respondents. 2nd District.Dissolution of marriage -- Child custody -- No error in denying father's emergency verified motion to compel mother to return parties' minor children to Florida -- Trial court correctly found that Florida's relocation statute did not apply where mother moved to foreign state before father filed for dissolution of… [read post]
2 Aug 2014, 6:05 am
Alton Memorial Hospital Ass’n, 91 Ill. [read post]
31 Jul 2014, 7:54 am
But, while I don’t have any objection to Orin’s proposed “fixes,” I explain in the following post why I don’t think there’s any constitutional problem in the first place—and why the California Medical Ass’n decision that Orin cites isn’t to the contrary. [read post]
29 Jul 2014, 2:55 pm
Each is considered in turn in light of the essay’s thesis: Variations in Marxist ideology matter (no monolithic communist ideology), sustainable economic reform is possible within a Marxist Leninist State-Party system, and that ideological systemic ossification in Cuba, as in the United States, can lead to crisis and paralysis. [read post]
29 Jul 2014, 9:55 am
Carter & John Fellas, International Commercial Arbitration in New York (2013) Vijay Bhatia, Discourse and Practice in International Commercial Arbitration: Issues, Challenges and Prospects (2012) Philip D. [read post]
27 Jul 2014, 9:03 am
In litigating scientific issues, lawyers and judges will necessarily have to engage with substantive matters. [read post]
25 Jul 2014, 8:40 pm
” STC.UNM at *7.Rebuttal of STC's argumentAs support for its position, STC notes that “[n]owhere in the majority opinion in Ethicon is Rule 19 mentioned. [read post]
22 Jul 2014, 12:23 pm
INTV Corp., 57 B.R. 557, 558 n. 1 (D. [read post]
22 Jul 2014, 9:05 am
Mine Safety & Health Review Comm’n, 659 F.3d 1197, 1200 (D.C. [read post]
20 Jul 2014, 11:15 pm
The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm.1998). [read post]
18 Jul 2014, 11:55 am
Wife puts New Baby’s carseat in the front seat, and plows into a telephone pole (or something else, it really doesn't matter). [read post]
18 Jul 2014, 11:33 am
What’s the Substantial Burden? [read post]
