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9 Jan 2017, 9:12 am by Charlene Richer
On examining the authorities relied upon in the Court of Appeal (R v Ngyuen [2008] EWCA Crim 585 and R v O’Dowd [2009] EWCA Crim 905), the Court did not consider that there was any clear definitive statement on the issue now raised. [read post]
27 Jun 2015, 2:50 pm by MOTP
What if one holds that the contract was procured by barratry and is void, and the other one reaches the opposite conclusion? [read post]
As the UK is no longer tied to the EU adequacy process, the UK may very well reach this decision faster than the EU. [read post]
24 Sep 2008, 6:12 pm
  “This Court has never resorted to its independent judgment alone to void a punishment under the Eighth Amendment,” the state’s lawyers said in a supplemental brief filed in Kennedy v. [read post]
28 May 2017, 8:30 am by Josh Blackman
On appeal, if the Supreme Court finds an Article III injury, it could do so without reaching the question of stigmatization. [read post]
30 Jan 2013, 1:47 pm by Bexis
  That's six states (two by their supreme courts) where, if we can't kill purported parallel FDCA-based claims on the front end with implied preemption under Buckman, we can try killing them on the back end as simply not stating a cause of action under existing state law (and if we're in federal court, we can add the Erie point about not reaching for novel, expansive state-law liability) - all by relying on state-specific peculiarities of… [read post]
10 Feb 2023, 5:17 am by Andrew Lavoott Bluestone
The issue of the reach of a post-answer CPLR 3211 motion and whether it should have been brought as a CPLR 3212 motion came up in an accounting malpractice case in Pioneer Bank v Teal, Becker & Chiaramonte, CPAs, P.C. 2022 NY Slip Op 22316 [77 Misc 3d 360] October 4, 2022 Platkin, J. [read post]