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28 Jun 2016, 5:01 am by Terry Hart
While he agreed with the majority’s conclusion, he wrote separately to reiterate “the importance of keeping the definition of parody within proper limits. [read post]
28 Mar 2022, 7:30 am by Public Employment Law Press
Consistent with our precedent and the purpose of the special duty rule, we reiterate that plaintiffs must establish that a municipality owed them a special duty when they assert a negligence claim based on actions taken by a municipality acting in a governmental capacity. [read post]
28 Mar 2022, 7:30 am by Public Employment Law Press
Consistent with our precedent and the purpose of the special duty rule, we reiterate that plaintiffs must establish that a municipality owed them a special duty when they assert a negligence claim based on actions taken by a municipality acting in a governmental capacity. [read post]
14 Oct 2016, 3:25 am
”A Division Bench of the Bombay High Court has (in Venkatraman v Union of India (1986 IILLJ 62 Bom), Para 11-16) reiterated the points made by the Supreme Court in Port of Bombay cited above, and further explained why the definition of legal practitioner should be read broadly to include legally experienced individuals, in order to ensure a fair fight between the parties.Conclusion: PrinciplesI submit that the correct interpretation of the law in this area is that there is a… [read post]
2 Nov 2016, 5:13 am
Of the 11 ‘remitted’ decisions, 3 pre-date 2009; 7 were decided after Naz Foundation but before Koushal; and one was decided after Koushal.Prior to Naz Foundation, RRT decisions frequently considered s 377 as a relevant factor in whether applicants would face a real chance of persecution if removed to India – reiterating in multiple decisions that ‘s 377 of the Indian Penal Code is still operative, and the harassment and repression of homosexual men continues to… [read post]
2 Nov 2016, 5:13 am
Of the 11 ‘remitted’ decisions, 3 pre-date 2009; 7 were decided after Naz Foundation but before Koushal; and one was decided after Koushal.Prior to Naz Foundation, RRT decisions frequently considered s 377 as a relevant factor in whether applicants would face a real chance of persecution if removed to India – reiterating in multiple decisions that ‘s 377 of the Indian Penal Code is still operative, and the harassment and repression of homosexual men continues to… [read post]
17 Aug 2021, 6:30 am by Guest Blogger
To be sure, there is no escaping the Supreme Court’s influence when it reiterates its injury-in-fact approach in rejecting jurisdiction over a suit brought to vindicate private rights, as a bare majority did this past Term in TransUnion LLC v. [read post]
14 Oct 2016, 3:25 am
”A Division Bench of the Bombay High Court has (in Venkatraman v Union of India (1986 IILLJ 62 Bom), Para 11-16) reiterated the points made by the Supreme Court in Port of Bombay cited above, and further explained why the definition of legal practitioner should be read broadly to include legally experienced individuals, in order to ensure a fair fight between the parties.Conclusion: PrinciplesI submit that the correct interpretation of the law in this area is that there is a… [read post]
17 May 2016, 3:34 pm
In 2007, Mr Justice Pumfrey tried to do away with disclosure on obviousness in Nichia v Argos. [read post]
30 Aug 2015, 2:33 am
  The CJEU’s decision in Colloseum v Levi Strauss (Case C-12/12) provides a good example for such a case. [read post]
4 Jan 2016, 4:58 am
The problem with this argument is that a year after Jacobsen, the Ninth Circuit cited Sherwin to reiterate that `[t]he government's acceptance of documents obtained in a private search and voluntarily relinquished to government agents does not constitute a seizure. . . . [read post]
10 Jun 2008, 12:09 am
I reiterated there that there were five high-profile constitutional areas where overruling was a serious possibility -- and the Court has already taken big bites out of the O'Connor precedents in three of those areas:1. [read post]
4 Mar 2021, 1:56 pm by Scott McKeown
Amicus Briefing May Help Get SCOTUS Attention on Growing 101 Morass In one of the more closely-watched cases involving patent eligibility, American Axle v. [read post]
24 Nov 2010, 3:04 pm by Steve Sady
” The major new case was the ground-breaking decision in United States v. [read post]