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16 Apr 2020, 9:00 am
And yet, courts still struggle to determine when liability is divisible and thus subject to apportionment rather than equitable allocation, with the latter, joint and several liability, still remaining the go to default. [read post]
11 Apr 2013, 10:27 am by Mark Tushnet
This morning as I was going through my RSS feed of blogs, I saw a reference to a Salon article about the Republican Party, in which the author mentioned "a willingness to ignore established norms and play 'Constitutional hardball,'" with quotation marks around the latter term but no attribution. [read post]
8 Aug 2016, 7:56 am by Bill
The latter was much better than the review suggested it would be. [read post]
10 Aug 2016, 8:19 pm
We argue that by taking a rather narrow view of 'transparency', the call drop judgement raises more questions than it answers as regards the latter set of regulators whose laws do not mandate them to be 'transparent'.We also argue that absent a prescription in the law, regulators will continue to follow differing approaches towards public consultations, issuance of reasoned orders and their publication in the public domain. [read post]
22 Jun 2023, 5:00 am
And when the latter moved to dismiss so much of the case brought against them, and that request was denied, an appeal followed.Upon its review, the Appellate Division, Second Department, noted that a franchisor isn’t liable for the acts of its franchisee unless it maintains control “over the daily operations of the franchisee or, more specifically, the manner of performing the very work in the course of which the accident occurred. [read post]
8 Aug 2023, 4:00 am by Howard Friedman
Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, (9th Cir., Aug. 7, 2023), the U.S. 9th Circuit Court of Appeals, in a 2-1 decision, reversed a California federal district court's dismissal of a fraud claim brought against the LDS Church by James Huntsman, a prominent former member who had contributed over $2.6 million in tithes to the Church. [read post]
16 Sep 2014, 2:55 pm
" The latter claims there is no evidence to support an essential element of the other party's claim. [read post]
24 Mar 2021, 4:10 am by Howard Friedman
Corporation of the President of the Church of Jesus Christ of Latter Day Saints, (CD CA, filed 3/22/2021), alleges: For decades, in a fraudulent effort to elicit the donation of tithing funds from Mr. [read post]
23 Jan 2023, 4:35 pm by Michel-Adrien
The latter type of work spans maintenance and innovation,5 but when it consists of bringing existing systems into alignment with expectations and work already being performed, it aligns closely with other areas of maintenance included here. [read post]
19 Dec 2012, 12:19 pm
Such latter-day travesties as the chocolate martini and the raspberry martini, on the other hand, are the work of activist bartenders. [read post]
9 Feb 2016, 12:05 am
While the former continue to remain skeptical with regard to governmental attempts at reclaiming control over economically sensitive areas, the latter insist on the need to strengthen and revitalize the state’s role in protecting precarious, weak interests even beyond the traditional jurisdictional confines of the nation-state. [read post]
19 May 2023, 7:27 pm by Jacob Katz Cogan
While one could rightly claim that the protection of human lives is more important than preserving plants and animals, the latter element is also of great importance: contaminated soil, water and air; destruction of grain fields preventing farming; or flooded residential areas may be critical for the survival of many Ukrainians. [read post]
16 Mar 2013, 5:30 am by Adrienne Kendrick
2nd US Circuit Court of Appeals, recently issued an unsigned opinion finding that the USPA could, in fact, be banned from using a double horseman logo on its fragrances or cosmetics on the basis that the logo was too similar to trademarks currently owned by Ralph Lauren Related posts:Under Armour Sues Nike Over Use of “I Will”In its complaint, UA stated that Nike started an ad campaign in the latter months of 2012 that misappropriated UA's trademark by pretty much making the… [read post]
3 Nov 2023, 2:00 am
The latter then used “runners” who to make purchases (such as electronics).In a written statement, Principal Deputy Assistant Attorney General Brian M. [read post]
5 Dec 2019, 9:43 am by Daniel Shaviro
The difference is that the latter would be payable in all events, while the former would be payable only to the extent in excess of regular taxable income (albeit, with multi-year smoothing provisions).Leaving aside perhaps the biggest issue here, which pertains to taxing book income or not, the contrast between them raises the classic old issue of minimum taxes versus separate add-on taxes. [read post]
11 Mar 2013, 8:29 am by Gritsforbreakfast
Not much to the person paying it, but apparently anti-tax Republicans can justify the latter, if never the former. [read post]
27 Apr 2013, 12:39 am
It argues that while AWS may be able to satisfy the former principle under certain conditions, it is not clear that the same is true for the latter. [read post]
6 Feb 2014, 6:00 am by The Dear Rich Staff
As to your latter question, we think you're asking "Can I scan a physical book into electronic format if I later destroy the physical book?" [read post]
4 Feb 2023, 12:34 pm
 Caquot type kite balloon, used by the Allies in the mid-latter part of WWI World War I was the high point for the military use of observation balloons, which were extensively deployed by both sides.... [read post]
21 Apr 2018, 9:03 am by Gritsforbreakfast
" (One wonders how often that latter circumstance may have contributed to false convictions in child molestation cases?) [read post]