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17 Jan 2024, 10:43 am
The Court of Appeals (Lohier, Robinson and Nathan) does not see it that way. [read post]
17 Jan 2024, 9:44 am
The court emphasized that defendants could participate in the commission proceedings and have the right to raise objections to the commission’s report if they found it unfavorable. [read post]
17 Jan 2024, 8:07 am
According to the defendants, the Court of Appeal misapplied CJEU case law. [read post]
17 Jan 2024, 5:40 am
Walters is neither a plaintiff nor a defendant in the Lawsuit. [read post]
17 Jan 2024, 3:36 am
Although defendants point to Tully Rinckey’s purported failures in the bankruptcy proceeding, even assuming that Tully Rinckey bore some liability due to those failures, such fact does not necessarily preclude a finding that defendants’ negligence was a proximate cause of plaintiffs’ claimed damages. [read post]
17 Jan 2024, 3:17 am
From a methodological perspective, the CJEU’s latest ruling does not fit squarely within the uniform reading of the GDPR that the Court had previously adopted with respect to the interpretation of Article 82 GDPR. [read post]
17 Jan 2024, 2:25 am
Even where the right to free speech does apply, hate speech is not protected. [read post]
16 Jan 2024, 11:33 pm
Wrongful arrest does not require a party to prove that prosecution was instigated by the defendant and, similarly, malicious prosecution does not require a party to prove detention. [read post]
16 Jan 2024, 9:01 pm
The case may also serve as a persuasive precedent for cases involving data interpretations set forth by other regulatory agencies; while the per se rule adopted here does not on its face extend to agencies other than the FDA, the decision does not identify any basis to limit it to only that agency. [read post]
16 Jan 2024, 4:41 pm
How Much Does a Securities Attorney Charge? [read post]
16 Jan 2024, 1:35 pm
The en banc court dealt with this singular issue: should criminal defendants engaged in multiple drug conspiracies be subject to more prison time than defendants who commit multiple drug crimes? [read post]
16 Jan 2024, 1:19 pm
During the close-to-close trading sessions affected by a short report, defendant issuers’ stock price declined by 16.8%, on average, and incurred additional declines of 16.0% during the 90-day look-back period of Section 21D(e)(1) of the Private Securities and Litigation Reform Act.[3][4] Third, Rule 10b-5 private securities fraud lawsuits based primarily on activist short-seller research may not be indicative of actual fraud-on-the-market since the work product does not… [read post]
16 Jan 2024, 12:30 pm
Although stare decisis analysis may apply to that holding, it does not apply to the interpretative methodology outlined in Chevron. [read post]
16 Jan 2024, 12:19 pm
It does not look at the facts of the defendant’s conduct which corresponds to the offense. [read post]
16 Jan 2024, 11:33 am
But the rule I set out to defend—where ill-gotten evidence is excluded irrespective of the underlying crime or the nature of the officer’s misconduct—is dead, and it has been for a while. [read post]
16 Jan 2024, 9:59 am
Aronoff does not have the relevant experience to offer expert witness testimony in this case. [read post]
16 Jan 2024, 9:07 am
A plaintiff seeking a declaratory judgment does not have to meet basic equitable requirements, such as showing there is no adequate remedy at law. [read post]
16 Jan 2024, 8:49 am
The proposed bill thus still does not address the Achilles Heel, and how could it? [read post]
16 Jan 2024, 8:05 am
On Thursday, January 11, 2024 and Friday, January 12, 2024, the International Court of Justice (ICJ) at the Hague held public hearings in the case brought on 29 December 2023 by South Africa against Israel for alleged violations of the Genocide Convention during its operations in Gaza. [read post]
16 Jan 2024, 5:55 am
Few, if any, human rights defenders working in or on India feel safe enough to engage the international community in fora such as the United Nations Human Rights Council. [read post]
