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5 Jul 2017, 4:02 pm by INFORRM
Less important, but for the full record: the Grand Chamber confirmed the finding of a violation of Article 6(1) (fair trial), as the length of the proceedings at domestic level (six years and six months) was excessive and failed to meet the “reasonable time” requirement, even taking into account the complexity of the case. [read post]
5 Jul 2017, 2:18 pm by Eugene Volokh
But it’s important to realize that the decision, even if affirmed, relates to some unusual Florida twists, not to the broader “Stand Your Ground” principle. 1. [read post]
3 Jul 2017, 12:48 pm
C-42), the Canadian parody exception reads: ‘fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright’.According to the Supreme Court in CCH Canadian Ltd v Law Society of Upper Canada, 2004 SCC 13, [2004] 1 SCR 339,para 50, fair dealing requires a two-step test: (1) the dealing must be for one of the purpose set out in the Act; (2) the dealing must be fair. [read post]
3 Jul 2017, 12:48 pm
C-42), the Canadian parody exception reads: ‘fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright’.According to the Supreme Court in CCH Canadian Ltd v Law Society of Upper Canada, 2004 SCC 13, [2004] 1 SCR 339,para 50, fair dealing requires a two-step test: (1) the dealing must be for one of the purpose set out in the Act; (2) the dealing must be fair. [read post]
3 Jul 2017, 5:37 am by Yin Li
On April 20, 2017, the Beijing High People’s Court issued the Guidelines for Patent Infringement Determination (2017) (hereinafter the “2017 Guidelines”). [read post]
3 Jul 2017, 5:37 am by Yin Li
On April 20, 2017, the Beijing High People’s Court issued the Guidelines for Patent Infringement Determination (2017) (hereinafter the “2017 Guidelines”). [read post]
2 Jul 2017, 8:40 pm by Dale Carpenter
 The city of Houston, which is defending the workplace benefits, has not announced whether it will seek U.S. [read post]
29 Jun 2017, 10:18 am by James Kachmar
  It focused its inquiry on two related questions: “(1) From what conduct does the claim arise? [read post]
29 Jun 2017, 10:18 am by James Kachmar
  It focused its inquiry on two related questions: “(1) From what conduct does the claim arise? [read post]
29 Jun 2017, 7:26 am
However, an SME does not have an unfettered right to stay in IPEC, and if a larger defendant wishes to be sued in the High Court they should at least provide an undertaking to limit the costs liability to another specified amount should they win. [read post]
23 Jun 2017, 6:01 am by John Hopkins
With say a million and a half documents, a hold back of 20% or 30% of that number does not seem unreasonable, but in some productions, we may be talking about 300,000 to 450,000 documents. [read post]
23 Jun 2017, 6:01 am by John Hopkins
With say a million and a half documents, a hold back of 20% or 30% of that number does not seem unreasonable, but in some productions, we may be talking about 300,000 to 450,000 documents. [read post]
22 Jun 2017, 7:32 am by Docket Navigator
Corp., 353 U.S. 222], until . . . less than two months from trial. . . .The Court need not reach Defendants’ argument that a change in law constitutes an exception to waiver under Rule 12(h)(1)(A) because the Supreme Court’s decision in TC Heartland does not qualify. . . . 'TC Heartland does not qualify for the intervening law exception to waiver because it merely affirms the viability of Fourco.' [One defendant] argues that… [read post]
22 Jun 2017, 6:35 am by Jan von Hein
Without mentioning Art. 20 Rome II, the ECJ ruled that this division of liability was also decisive for the compensation claim of the insurer of the tractor unit. [read post]
21 Jun 2017, 5:05 pm by Kevin LaCroix
”   The June 20, 2017 Opinion On June 20, 2017, in an opinion by Judge Jeffrey Sutton for a 2-1 majority (Judge Bernice Donald dissenting), the Sixth Circuit affirmed the district court’s ruling that the policy’s insured vs. insured opinion precluded coverage for the Liquidation Trustee’s claims against the Reids. [read post]