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12 Apr 2012, 12:58 pm
During the three and a half years the case was pending before the state Supreme Court, neither employers nor claimants could say what an employer’s meal period obligations might be or how to prove them. [read post]
11 Apr 2012, 2:21 am
That is a feature of this insurance, and is concern that affects all claims triggering this type of insurance. [read post]
10 Apr 2012, 11:07 am
(para. 82) Potential Significance Canadian Solar marks the first time that an appellate court has considered the extraterritorial reach of statutory secondary market claims in Canada. [read post]
9 Apr 2012, 6:44 pm
It is this final limb that has proved the most difficult for claimants in the US in relation to the Google Adwords cases. [read post]
9 Apr 2012, 5:06 pm
Remember the burden of proof lies within the claimant. [read post]
9 Apr 2012, 10:09 am
Significantly, most of the survivors featured in the book were not among the claimants involved in the 7,000 cases of sexual violence dealt with between 2008 and 2009 in gacaca. [read post]
9 Apr 2012, 1:09 am
All of which is a reminder of the strains that post-failure litigation can put on the D&O insurance resources of a failed bank. [read post]
8 Apr 2012, 9:11 am
.: L-6402-07; March 30, 2012: New Jersey Court Rule 4:58-3 provides: (a) If the offer of a party other than the claimant is not accepted, and the claimant obtains a monetary judgment that is favorable to the offeror as defined by this rule, the offeror shall be allowed, in addition to costs of suit, the allowances as prescribed by R. 4:58-2, which shall constitute a prior charge on the judgment. [read post]
6 Apr 2012, 11:08 am
Is there not a risk that “likeness” will be found too easily simply based on how the claimant identifies the specific market segment to be looked at (here youth smokers v. all smokers). [read post]
5 Apr 2012, 5:49 pm
All state laws vary. [read post]
5 Apr 2012, 8:50 am
After all, the wrongdoer is encouraged to offer enough to avoid potentially more costly litigation. [read post]
4 Apr 2012, 12:58 pm
Otherwise a claimant with a potentially infringing product has to assume validity and try to establish that his product does not infringe. [read post]
3 Apr 2012, 2:45 pm
Potential Significance Canadian Courts have long paid close attention to English injunction cases (most notably, of course, American Cyanamid). [read post]
3 Apr 2012, 1:16 pm
Add in the $270k spent on claims administration, and it appears that the parties spent $160k per legitimate claimant. [read post]
2 Apr 2012, 5:09 pm
Why should a claimant be compelled to use a body that the defendant has chosen to join because of the commercial advantages it offers? [read post]
1 Apr 2012, 11:00 pm
He writes that the new measures, which resemble watered-down control orders (lasting a maximum of two years rather than being potentially indefinite, removing the power to move controlled persons against their will), increase the terrorist risk to the nation, for essentially political reasons. [read post]
30 Mar 2012, 1:03 pm
In doing so the Court provided the following words of caution: [27] Finally, the defendants argue that ICBC does not have any duty, statutory or otherwise, to inform potential claimants of the specific date on which the right to commence an action upon a claim will expire… [30] It is clear from the case law that ICBC was under no obligation to warn the plaintiff that the limitation period had commenced, was not postponed, and would soon expire…. [36] The… [read post]
30 Mar 2012, 8:56 am
Thus Axa has the potential to revolutionise Scots public law by recognising that public acts concern the public at large, and that we all have an interest in ensuring that public bodies obey the law. [read post]
29 Mar 2012, 8:36 am
"Any occupation" policy disputes often center around the issue of potentially comparable positions. [read post]
29 Mar 2012, 7:42 am
So in total there were three teams, each of a firm of solicitors, a QC (except that all the claimants shared a single QC), and a further barrister. [read post]
