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26 Apr 2019, 9:53 am
Contrary to the Court’s meek disclaimer, it was not at all clear that the holding in El Apple applied across the board, as opposed to just the employment context, where Texas substantive law is an analogue to federal civil rights law, and perhaps a few other select areas of law. [read post]
26 Apr 2019, 9:05 am
TERI cases are handled on an expedited basis with special consideration for the emotional state of the claimant. [read post]
25 Apr 2019, 3:51 pm
After the claimant’s attorney presents all relevant evidence, the defense is provided an opportunity to present evidence of their own. [read post]
25 Apr 2019, 11:24 am
The takeaways from Thee Sombrero, Inc. are that, under a standard CGL policy: a) “loss of use means the loss of any significant use of the premises, not the total loss of all uses;” b) loss of use damages can be calculated on the basis of diminution in value or other “economic losses,” so long as they are tethered to an interest in tangible property; and c) the revocation of a permit or other impairment of permissible use can constitute a covered… [read post]
24 Apr 2019, 7:28 am
All of these factors would ordinarily militate in favour of an award of general damages far in excess of £10,000 for each Claimant, although without the Claimants identifying “a wrong principle of law”, the Court of Appeal felt that it could not intervene. [read post]
24 Apr 2019, 3:28 am
In other words, the risk of irreconcilable judgments ceases to be a “trump card” and decisive factor in determining the appropriateness of the forum. [read post]
24 Apr 2019, 2:50 am
All in all, it generally seems easier to institute the judicial authorisation in the state of the child’s habitual residence. [read post]
23 Apr 2019, 12:30 pm
Almost all of the other federal court merger objection lawsuits (about 84%) alleged proxy misrepresentations in violation of Section 14 (a). [read post]
23 Apr 2019, 11:06 am
In other words, it is a traditional tool of statutory construction used in Chevron Step 1. [read post]
23 Apr 2019, 11:06 am
In other words, it is a traditional tool of statutory construction used in Chevron Step 1. [read post]
23 Apr 2019, 6:00 am
When her husband died in 2009, she sold all the cattle and leased the farmland to others. [read post]
23 Apr 2019, 5:23 am
The court emphasised that a person faced with such an injunction “may well be chilled into not obstructing the highway at all”. [read post]
22 Apr 2019, 9:15 am
All state laws vary. [read post]
20 Apr 2019, 7:49 pm
The EU will consider all options at its disposal to protect its legitimate interests, including in relation to its WTO rights and through the use of the EU Blocking Statute. [read post]
18 Apr 2019, 2:22 pm
While this plaintiff has launched his action in state court, other claimants may yet file in federal court; other plaintiffs’ firms have published “trolling” press releases seeking to find a Lyft shareholder on whose behalf these other firms could file their own Lyft IPO lawsuit. [read post]
18 Apr 2019, 4:00 am
Access to justice initiatives, therefore, had to confront all of these barriers. [read post]
18 Apr 2019, 2:22 am
By contrast, Onibiyo and rule 353 address a prior issue of whether there is a claim requiring a decision at all. [read post]
17 Apr 2019, 4:49 pm
Thank you all. [read post]
16 Apr 2019, 5:52 pm
But it also appears to have increased, perhaps quite significantly as a percentage matter, Type I errors (denying the EITC to those who did legally qualify but couldn't handle the extra hurdles - in some cases because the IRS letter wasn't successfully delivered to them).Some general observations that I would offer here include the following:1) By Congressional diktat, audit rates are generally higher for EITC claimants than for any other individual taxpayers… [read post]
16 Apr 2019, 12:10 pm
LAWSUITS AGAINST ALL FOREIGN FIRMS DOING BUSINESS IN CUBA WITH CONFISCATED PROPERTY - SENIOR U.S. [read post]
