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6 Oct 2020, 7:17 am by Jessica A. Huse
The court’s decision reinforced that even when spoliation efforts are ultimately unsuccessful, and therefore Rule 37(e) does not apply because information is not “lost,” sanctions remain available under Rule 37(b)(2) and the court’s inherent authority to address litigant misconduct, including outright fraud on the court. [read post]
6 Oct 2020, 7:17 am by Jessica A. Huse
The court’s decision reinforced that even when spoliation efforts are ultimately unsuccessful, and therefore Rule 37(e) does not apply because information is not “lost,” sanctions remain available under Rule 37(b)(2) and the court’s inherent authority to address litigant misconduct, including outright fraud on the court. [read post]
Most of the site was covered by a specific plan adopted in 2008, the balance noted as a Significant Ecological Area. [read post]
The Commission’s assessment is to a large extent based on the negligent and inconsistent nature of the Irish tax authorities’ scrutiny on the contested tax rulings, incompatible with the behaviour which must be expected from a prudent independent operator.5)European Commission, Decision SA. 38373 of 30.08.2016, paras. 146 e 150. [read post]
5 Oct 2020, 9:49 am by Kevin Kaufman
 It would also create a tax on e-vapor products that is equal to the tobacco tax rate. [read post]
5 Oct 2020, 8:17 am by Molly E. Reynolds, Margaret Taylor
It’s been a blockbuster year for court decisions related to Congress’s oversight of the executive branch. [read post]
5 Oct 2020, 7:30 am by Jennifer Davis
Jacksonland: President Andrew Jackson, Cherokee Chief John Ross, and a great American land grab. (2015) E99.C5 R675 Moulton, Gary E. [read post]
4 Oct 2020, 6:35 am by Kim Krawiec
    A brief statement of the presenter’s expertise on the topic. [read post]
4 Oct 2020, 6:30 am by Guest Blogger
  Justice Viviano’s concurring and dissenting opinion explicitly calls for “adopting the approach to nondelegation advocated by Justice Gorsuch in Gundy v United States” (p 29 of his opinion). [read post]
2 Oct 2020, 8:13 am by Dan Bressler
One potential solution states could adopt is to permit a clerk to be screened in the same manner as a paralegal or legal assistant would. [read post]
2 Oct 2020, 5:20 am
(The “takings” clause of the fifth amendment limits the state’s ability to acquire private property for public use, without offering just compensation.)Judge Eric Komitee, who was appointed to the bench by President Trump in 2019, dismissed the lawsuit, holding that the state had a right to adopt rent regulations. [read post]
” It stated that the government did not “tak[e] concrete steps to comply even partially with the court's directive (or timely seeking relief from it)” from October 2018, and that the bureau must still do so as it has not sought retrospective relief. [read post]
1 Oct 2020, 3:51 pm by skelly
North Carolina:  On September 15, the North Carolina Industrial Commission adopted a temporary amendment to 11 NCAC 23G.0104 which specifies when attendance for worker’s compensation mediation settlement conferences must be satisfied using remote technology. [read post]
The employer’s contribution is based on a rate that increases or decreases with the company’s experience with unemployment, i.e., how many of the company’s former employees claim unemployment benefits. [read post]
30 Sep 2020, 8:30 am by Guest Blogger
And Eskridge and Riano note that “[w]omen’s increasing independence and assertiveness inspired gay men. [read post]
Client and coworker communication has become streamlined as telephones gave way to e-mail and e-mail gave way to Slack. [read post]
30 Sep 2020, 1:55 am by Kevin Kaufman
Using the carbon tax revenue to offset the revenue reduction from making TCJA’s individual provisions permanent would put a disproportionate tax burden on lower-income taxpayers. [read post]