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11 Aug 2016, 9:01 pm by Vikram David Amar
And if a defendant who is accused of such evil things can quickly have the case against it dismissed under the anti-SLAPP statute (because the evil acts made use of speech), oftentimes a plaintiff who may have a valid claim will not be able to prevail because s/he will not have had enough of an opportunity to gather the evidence (through legal discovery devices like depositions and document requests) needed to prove the case.That is arguably what the UC tried to accomplish in a case decided by the… [read post]
28 Jul 2016, 8:36 am by Dan Tench and Lucy Hayes, Olswang LLP
Lord Toulson has been a justice of the Supreme Court since April 2013, and will be retiring at the end of this week. [read post]
27 Jul 2016, 9:45 am by Ron Coleman
In other words, a Gibson looks like a Gibson because it sounds like a Gibson — and in trademark law, functional features are not granted trademark protection. [read post]
23 Jun 2016, 12:35 am by INFORRM
As the Court of Appeal noted, however, there is one contrary decision on this point, namely Gibson DCJ’s decision in Cavasinni v Camenzuli [2009]. [read post]
15 Jun 2016, 11:47 am by CJLF Staff
Gibson refused to issue a certificate of appealability to Paul Aaron Ross, convicted of first-degree murder in the 2004 killing of 26-year-old Tina Miller. [read post]
5 Jun 2016, 4:09 pm by INFORRM
(The Korea Times Daily), 2016 ONCA 375 the Court of Appeal of Ontario allowed the plaintiff’s appeal against an order dismissing the claims for failing to give proper notice of the action. [read post]
2 Jun 2016, 9:01 pm by Vikram David Amar
The Court is under a greater obligation to hear appeals cases—provided the claims raised are not patently weak—than it is in most cases (on which certiorari is sought). [read post]
22 May 2016, 2:36 pm by Omar Ha-Redeye
The Alberta Court of Appeal heard an expedited appeal, which was released this week, where they addressed two issues: does the constitutional exemption granted in Carter 2016 apply only to applicants whose medical conditions are terminal? [read post]
19 May 2016, 9:01 pm by Vikram David Amar
Here they (or we, depending on point of view) go again—yet another complicated lawsuit seeking to mortally wound the Affordable Care Act (popularly known as Obamacare) is wending its way through the federal courts. [read post]
13 May 2016, 7:55 am
(Pix © Larry Catá Backer 2015)In 2012, the American Law Institute (in which I am a member), agreed to launch a revision of its famous and quite influential Model Penal Code to focus specifically on rising issues of "sexual assault and related offenses. [read post]
1 May 2016, 7:06 pm by Jarod Bona
While I was with Gibson Dunn and DLA Piper, I spent substantial time representing defendants in class action cases, mostly of the antitrust variety. [read post]
1 May 2016, 7:06 pm by Jarod Bona
While I was with Gibson Dunn and DLA Piper, I spent substantial time representing defendants in class action cases, mostly of the antitrust variety. [read post]