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10 Oct 2011, 8:55 am
In Jivraj v Hashwani [2011] UKSC 40, [2011] All ER (D) 246 (Jul), the Supreme Court heard its second arbitration case, after Dallah Real Estate v Pakistan [2010] UKSC 46, [2011] 1 All ER 485 reported previously in these pages (see NLJ, 21 January 2011, p 104). [read post]
26 Jul 2012, 12:54 pm
The district court explained in more detail that “the franchisor does everything in its pow [read post]
13 Dec 2023, 7:47 am
A domestic relations order dated November 1, 2005, similarly provided that the plaintiff would receive a marital share of the defendant’s retirement benefits “at such time as [he] has retired and is actually receiving a regular service retirement allowance. [read post]
29 Aug 2007, 10:22 am
(32-CA-19152-1, et al.; 350 NLRB No. 62) Lindsay, CA Aug. 16, 2007. [read post]
29 Jun 2022, 9:29 am
Id. at ¶ 39. [read post]
17 Oct 2013, 5:00 am
Therefore, we hold today that a plaintiff who does not read an allegedly inadequate warning cannot maintain a negligent-failure-to-adequately-warn action unless the nature of the alleged inadequacy is such that it prevents him from reading it.Id. at 971.This ruling has been extended to situations where the prescriber fails to read a warning. [read post]
12 Jul 2020, 8:06 pm
In short, Parliament’s jurisdiction over criminal law cannot be exercised when the object of the legislation does not truly fit within the framework of criminal law. [read post]
18 Feb 2018, 7:45 pm
Equustek Solutions Inc.[1] issued a preliminary injunction on November 2, 2017 enjoining Equustek from enforcing the global de-indexing order it obtained against Google in a British Columbia court. [read post]
29 Feb 2012, 12:07 pm
*1 Monica Mahmoodzadeh, the widow of Payam Mahmoodzadeh, filed a petition for year’s support in the Probate Court of Cobb County, seeking to set aside real property and funds in various money-market accounts. [read post]
21 Dec 2018, 10:43 am
At last count, 39 states and the District of Columbia have enacted such laws.[7] Private payor parity laws vary from one jurisdiction to another. [read post]
16 Oct 2023, 6:57 pm
An important distinction from a defense viewpoint: this does not apply to convictions involving possession of a controlled substance. [read post]
15 Mar 2007, 8:03 am
[39] Generally, the law required the sitting court to determine what party caused the collision and then determine if the ship's crew, her captain, or natural forces beyond human control were the cause of the loss of the damaged ship. [read post]
17 Apr 2020, 6:06 am
What does the Scheme do? [read post]
6 Feb 2019, 6:00 am
Table 1. [read post]
23 Jan 2012, 2:00 am
Journalism and the PCC There are no adjudicated PCC rulings to report, but several “resolved” cases including: Miss Catherine Lemon v Western Daily Press (Clause 1, 20/01/2012); A woman v The People (Clauses 3, 6, 9, 19/01/2012); A woman v Daily Mail (Clauses 3, 6, 9, 19/01/2012); Mr Alan Shannon v Ayr Advertiser (Clause 1, 19/01/2012); Mr Alan Shannon v Sunday Mail (Clause 1, 19/01/2012); Dr Esther Hobson v The Star (Sheffield) (Clause 1, 19/01/2012);… [read post]
10 Sep 2012, 7:04 am
Newvac was named and sued as a "contracting carrier" under new Article 39 of the 1999 Montreal Convention, as Newvac (and its owner, Jacques Cimetier) had entered a charter contract with West Caribbean Airways to provide the aircraft and crew to carry the Martinique passengers on the charter trip. [read post]
7 May 2023, 11:43 am
Illness onsets ranged from May 31, 2021 to January 1, 2022. [read post]
10 Sep 2012, 7:04 am
Newvac was named and sued as a "contracting carrier" under new Article 39 of the 1999 Montreal Convention, as Newvac (and its owner, Jacques Cimetier) had entered a charter contract with West Caribbean Airways to provide the aircraft and crew to carry the Martinique passengers on the charter trip. [read post]
14 Jun 2024, 1:51 am
This is because the Criminal Code does not use the terms ‘heritage’ or ‘monument’ in the articles related to cultural heritage[22] (Articles 205, 218, 219 and 222), as prescribed in the Cultural Heritage Protection Act (2008).[23] Therefore, the courts must determine the value in each case on a case-by-case basis and then decide on the penalty. [read post]
26 Sep 2023, 9:01 pm
’”[19] The Court held “[t]hat a claim is fact-intensive does not preclude dismissal under Rule 12(b)(6) if the plaintiff fails to allege facts plausibly supporting a claim upon which relief can be granted. [read post]
