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In their judgment, the Court of Appeal drew attention to the wording of Article 49(5) stating that the position of the defendant in particular should be taken into account – in circumstances where the outcome of the balancing of interests is equal, then the position of the defendant is the deciding factor. [read post]
  There is a short English phrase – not suitable for print – but featuring the word “cake” that sums this principle up nicely. [1]             When reading this point, the authors were reminded of the decision of Vos J in Fresenius v Carefusion [2011] EWHC 2969 in which it was held that if a patentee consented to the revocation of its patent, it was not appropriate for it to be compelled to… [read post]
25 Apr 2024, 9:05 pm by renholding
In other words, complying with legal obligations does not merit cooperation credit. [read post]
25 Apr 2024, 9:01 pm by renholding
On April 5, 2024, a jury in California federal court found a former corporate executive liable for insider trading in SEC v. [read post]
25 Apr 2024, 9:01 pm by Austin Sarat
The right mounted court challenges with mixed results for decades, until this June when the Supreme Court’s conservative supermajority ruled in Students for Fair Admissions v. [read post]
25 Apr 2024, 3:59 pm by Michael C. Dorf
After rage-tweeting throughout the oral argument in Trump v. [read post]
24 Apr 2024, 6:00 am by Public Employment Law Press
The Appellate Division unanimously reversed a New York State Supreme Court's ruling granting the City of New York's motion to [1] dismiss racial discrimination claims alleged by Plaintiffs pursuant to the New York State and City Human Rights Laws and [2] the hostile work environment claim Plaintiffs alleged pursuant to the New York City Human Rights Law which the Plaintiffs had asserted against the City of New York and a named defendant.Citing Harrington v City… [read post]
24 Apr 2024, 6:00 am by Public Employment Law Press
The Appellate Division unanimously reversed a New York State Supreme Court's ruling granting the City of New York's motion to [1] dismiss racial discrimination claims alleged by Plaintiffs pursuant to the New York State and City Human Rights Laws and [2] the hostile work environment claim Plaintiffs alleged pursuant to the New York City Human Rights Law which the Plaintiffs had asserted against the City of New York and a named defendant.Citing Harrington v City… [read post]
24 Apr 2024, 5:57 am by Norman L. Eisen
Created by Trump allies and staffed by those including his past and likely future administration appointees, it is in the words of Heritage Foundation president Kevin Roberts, a plan for “institutionalizing Trumpism. [read post]
24 Apr 2024, 5:00 am by jonathanturley
Would those words be the difference Again, it is not clear. [read post]
23 Apr 2024, 12:55 pm by James W. Ward
To require significance adds words to Title VII and imposes a new requirement on claimants that goes beyond what the law requires. [read post]