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24 Jun 2013, 6:57 am
This is sometimes called an evaluation of the facts and is often a matter of degree upon which different judges can legitimately differ. [read post]
9 May 2010, 9:14 pm by cdw
”     [via FindLaw] Ronald Wayne Clark v. [read post]
18 Dec 2011, 3:48 pm by NL
Costs awarded to Ms B, including the failed summary judgment application.Islington appealed, on the grounds that the Judge had failed to address the issue of whether Ms B was occupying the Highbury flat as her only and principal home, instead focussing wholly on whether she could be said to continue to satisfy the tenant condition.Islington agreed that Ms B remained in occupation, one limb of the tenant condition, but denied that it could have properly been found to be her only or… [read post]
18 Dec 2011, 3:48 pm by NL
Costs awarded to Ms B, including the failed summary judgment application.Islington appealed, on the grounds that the Judge had failed to address the issue of whether Ms B was occupying the Highbury flat as her only and principal home, instead focussing wholly on whether she could be said to continue to satisfy the tenant condition.Islington agreed that Ms B remained in occupation, one limb of the tenant condition, but denied that it could have properly been found to be her only or… [read post]
7 May 2021, 12:53 pm by Jack Pringle
Clark, SCOTUS reversed, ruling that the "clear-statement rule" violated the FAA by "failing to put the arbitration agreements on an equal plane with other contracts. [read post]
12 Apr 2010, 4:25 pm by JW Verret
 This email gives newcomers to our community some background on this issue, describes recent developments affecting it, and states my own views on the matter. [read post]
26 May 2023, 11:37 am by Rebecca M. Guidry
  The Fifth Circuit affirmed the federal district court’s order denying[3] SRA-L’s Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction by applying the Circuit’s well-established six-factor test of Clark v. [read post]
10 Sep 2012, 4:13 pm by NL
While there was sympathy for Ms H’s position, this could not determine broader principles.Lord Mance, with Lord Clarke agreeing, would have allowed the appeal. [read post]
10 Sep 2012, 4:13 pm by NL
While there was sympathy for Ms H’s position, this could not determine broader principles.Lord Mance, with Lord Clarke agreeing, would have allowed the appeal. [read post]
4 Jun 2018, 1:00 am by Matrix Legal Support Service
Commissioners for HMRC v Taylor Clark Leisure Plc (Scotland), heard 11 Apr 2018. [read post]
30 Jan 2008, 7:20 am
" U.S. 10th Circuit Court of Appeals, January 23, 2008 Clark v. [read post]
3 Apr 2018, 5:53 am by Dan Carvajal
While there may be pressure on a state to lower its taxes in response, this pressure is not so large as to deprive state policymakers of any choice in the matter. [read post]