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3 May 2022, 4:30 am
Johnson, Blow can successfully invoke the holding of the case to protect himself against prosecution for burning an American flag.Quite apart from their precedential effect, if any, judicial rulings preclude future litigation on the same or related issues between the parties. [read post]
7 Jun 2022, 9:50 am
It is a matter of comfortable liberals revealing themselves not to believe their own stated principles. [read post]
9 Feb 2014, 2:27 pm
In the end, while the claim under Article 9(1)(a) of the CTM Regulation 2009 failed, the claim under Article 9(1)(b) succeeded as it didn’t matter that there was no confusion at the point of trade: what was decisive was that there was confusion pre-sale. [read post]
3 Feb 2024, 4:54 pm
Authenticity seems to matter to people even when there’s nothing tangible, like NFTs. [read post]
27 Jun 2022, 10:33 am
As a threshold matter, defendants argued that the plaintiff states lacked standing as third parties with no interest in the means of enforcement of federal immigration laws against private individuals. [read post]
18 Jan 2018, 10:20 am
As an initial matter, parties cannot eliminate the public's right of access simply by entering into a confidential agreement, which "does not bind the court in any way. [read post]
22 Nov 2013, 5:49 am
, 111 Ohio St.3d 177, 855 N.E.2d 825 (Ohio Supreme Court 2006) (quoting (Johnson v. [read post]
10 Feb 2015, 1:01 pm
Because the pharmacy defendants are subject to jurisdiction, Plaintiff did not sufficiently allege in her Complaint that they altered the condition of the drugs, and Plaintiff did not adequately allege that they breached an express warranty or knew or should have known of the danger to Plaintiff, the Middleman Statute bars Plaintiff's claims against them as a matter of law.Id. at 629-630. [read post]
31 Jul 2014, 2:16 pm
But that unresolved question hardly matters, because even if we assume that discrimination against that employee would otherwiseconstitute a preference for employees “of a particular religion,” Rose Saxe is correct that the coreligionist exemption would not offer any support to the employer in such a case: The case law firmly establishes that employers cannot invoke that exemption to engage in a form of discrimination that is otherwise proscribed by Title VII or… [read post]
6 Sep 2019, 12:06 pm
To implicate antitrust law, false advertising must be explicitly false, clearly material, clearly reliance-inducing, directed at buyers who don’t know the subject matter, long-lasting, and not subject to neutralization (perhaps by counteradvertising) or other measures by competitors. [read post]
15 Aug 2013, 3:19 pm
With respect to the final factor, Judge Karas rejected Lozano's argument that the child could not be settled (as a matter of law) so long as she lacked lawful immigration status. [read post]
17 Aug 2020, 11:19 am
While Contreras did concede that “many portions of Raines suggest that this case falls within its logic,” he concluded that “as a matter of district court restraint, the Court cannot contradict circuit precedent because Michel was not necessarily eviscerated by Raines. [read post]
11 Apr 2014, 4:50 am
The draft plan in the Wilson Papers, dated June 25, authorized a Board of Inspectors to “have full Access at all reasonable hours to the Books and Papers of this Bank . . . and, if they think it necessary or proper, [to] hold a general meeting of the Sureties, in order to lay the Proceedings before them, to ask their Advice, or to propose any new Regulations, a Change of Officers, or any other Matter or Thing they shall judge fit. [read post]
1 Sep 2014, 5:33 am
After a jury convicted Jeremy Jones Davis of “aggravated burglary and theft”, he appealed, “alleging the evidence was insufficient as a matter of law. [read post]
1 Mar 2022, 9:35 am
Even setting aside the questionable legitimacy of the 2016 plebiscite (which was not even clearly going to be binding), my question was instead based on the 2019 general elections that allowed Boris Johnson's Tories to "sweep" into power and thus to guarantee that "leave means leave. [read post]
9 Nov 2012, 8:17 pm
Rick Pitino is not walking through that door -- neither is John Calipari, for that matter. [read post]
29 Sep 2014, 9:00 am
Because the parties failed to reach a settlement during mediation, the matter proceeded to trial. [read post]
7 Feb 2017, 11:36 am
Shaughnessy (1952) that policy toward noncitizens is “vitally and intricately interwoven with contemporaneous policies in regard to the conduct of foreign relations … [s]uch matters are so exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry or interference. [read post]
2 Dec 2021, 9:05 am
Trump largely listened, adding only a few “big picture” questions, while Flynn actively questioned the briefers—mostly on tactical matters within the Middle East. [read post]
13 Aug 2015, 10:56 am
Biogen Idec, Inc. is a case involving a brand-name pharmaceutical product which held that design defect claims against drug manufacturers are preempted as a matter of law. [read post]
