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28 Sep 2021, 4:25 pm
This has been done by a court order following an application made to the President of what is now the Family Division (but which before 1971 was the Probate, Divorce and Admiralty Division) of the High Court, in his or her capacity as Head of Probate. [read post]
15 Sep 2014, 3:28 am
The McGraw-Hill Case Which brings us to last week’s decision by the Manhattan-based Appellate Division, First Department, in Retirement Plan for General Employees v. [read post]
1 Jun 2011, 4:05 pm
Trout of bounds: the effects of the Federal Circuit Court of Appeals’ misguided Fifth Amendment takings analysis in Casitas Municipal Water District v. [read post]
27 Jun 2023, 9:01 pm
Congress has been very clear in the federal securities laws when it intends to preempt state law, such as in the National Securities Markets Improvement Act[44] or the Jumpstart Our Business Startups Act.[45] Indeed, such a broad claim of Commission authority might raise issues under the major questions doctrine discussed in West Virginia v. [read post]
24 May 2023, 6:37 am
“I further indicated a number of unlawful means, including more additional false statements, including statements that were planned to be made to tax authorities. [read post]
11 Jan 2021, 4:46 am
The Court’s Decision In a decision by Brooklyn Commercial Division Justice Leon Ruchelsman, the court rejected Rostek’s argument that there existed no fiduciary relationship or duty as a matter of law, writing that there has been evidence submitted that at the time the plaintiff and defendant were negotiating the buyout the defendant was negotiating to sell the property to others for more than was evaluated between plaintiff and defendant. [read post]
25 Apr 2024, 2:37 am
The appeals court reversed that decision. [read post]
28 Sep 2023, 9:22 am
Three years ago, in Seila Law v. [read post]
1 Aug 2014, 9:45 am
As one court of appeals cogently explained, “[i]solated tortious activity alone does not constitute exclusionary conduct for purposes of a [Sherman Act] § 2 violation, absent a significant and more than a temporary effect on competition, and not merely on a competitor or customer…. [read post]
3 Dec 2022, 12:44 am
Decisions this Week European Court of Human RightsSergey Sorokin v. [read post]
3 May 2020, 6:30 am
Even if early constitutional disputants commonly appealed to the Constitution’s authority, their ways of doing so often betrayed radical disagreement over the very Constitution to which they were appealing: its character, how it should be interpreted, and its ultimate relationship to the sovereign people.The rival forms of constitutionalism that emerged from these fundamental divisions created the early republic’s defining fault lines. [read post]
7 Nov 2014, 3:22 pm
The Court of Appeal for Ontario: Defining the Right of Appeal 1792-2013 by Christopher Moore University of Toronto Press In Christopher Moore’s lively and engaging history of the Court of Appeal for Ontario, he traces the evolution of one of Canada’s most influential courts from its origins as a branch of the lieutenant governor’s executive council to the post-Charter years of cutting-edge jurisprudence and national influence. [read post]
4 Oct 2016, 4:00 am
The admissibility of (acceptance of) such evidence in, R. v. [read post]
24 Jul 2023, 4:14 am
Plaintiffs were, said the Court, at-will employees who could not state a cause of action arising from their termination. [read post]
5 Dec 2022, 4:23 am
The Care One Case The above facts are drawn from a not-for-publication opinion handed down last month by a three-judge panel of the New Jersey Appellate Division — that state’s intermediate appellate court — in a case captioned Care One, LLC, et al. v Adina Straus and Jeffrey Rubin. [read post]
14 May 2012, 7:22 am
Court Rules That State Bar’s Professional Liability Fund Is NOT Subject to MMSEA Reporting Mark Popolizio, of the Crowe Paradis Services Corp. explains the case of Oregon State Bar Professional Liability Fund v. [read post]
12 Feb 2017, 7:40 pm
In R. v. [read post]
13 Apr 2008, 5:03 am
The consequentialist version of imperfect procedural justice finds substantial support in the decisions of the Supreme Court that interpret the Due Process Clauses of the United States Constitution. [read post]
11 Feb 2007, 8:02 am
The consequentialist version of imperfect procedural justice finds substantial support in the decisions of the Supreme Court that interpret the Due Process Clauses of the United States Constitution. [read post]
16 Aug 2009, 8:00 pm
The consequentialist version of imperfect procedural justice finds substantial support in the decisions of the Supreme Court that interpret the Due Process Clauses of the United States Constitution. [read post]
