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8 Oct 2010, 4:37 pm
Although the Court subsequently uses other expressions to indicate the threshold a company court must use to dismiss a winding-up petition (“hotly contested debt”, “also doubtful” etc.), it seems clear from the above observations and from the context of the judgment that the standard is one of “reasonable” or “bona fide” defence – a standard that appears to be higher than a prima facie case but lower than the… [read post]
8 Oct 2010, 5:00 am
In Fulton County Employees’ Retirement System v. [read post]
8 Oct 2010, 3:35 am
Co. v. [read post]
6 Oct 2010, 11:11 am
., Inc. v. [read post]
6 Oct 2010, 11:00 am
But under the statute in question, that is precisely the case. [read post]
6 Oct 2010, 3:00 am
In Atkins v. [read post]
4 Oct 2010, 2:22 pm
In today’s case (Kim v. [read post]
30 Sep 2010, 2:29 pm
Ct. 1937 (2009), and Bell Atlantic Corp. v. [read post]
24 Sep 2010, 3:08 pm
§ 1983 for failing to prevent another officer’s use of force when that force was used within a short period such that a reasonable officer in the same circumstance would not have had a realistic opportunity to intervene; (2) whether the commands “get on the ground, drop the gun” are sufficient to satisfy the warning required prior to the use of deadly force; and (3) whether a party’s self-serving testimony that contradicts his or her prior… [read post]
23 Sep 2010, 11:56 am
After Wyeth v. [read post]
22 Sep 2010, 6:26 pm
It is, however, important to have wide consultation on the precise terms of the template before it is written into the Civil Procedure Rules. [read post]
22 Sep 2010, 1:11 pm
In like vein, Professor Gunther Handl argues that all multilateral environmental agreements (MEAs) of "global applicability" create "general international law": "A multilateral treaty that addresses fundamental concerns of the international community at large, and that as such is strongly supported by the vast majority of states, by international organizations and other transnational actors,-- and this is, of course, precisely the case with the biodiversity,… [read post]
20 Sep 2010, 5:07 am
" Godfrey v. [read post]
18 Sep 2010, 9:49 am
Put in my terminology, the “hinge” to an ATS claim can be met by an actor determined to be liable under US, rather than international law, standards. [read post]
18 Sep 2010, 7:45 am
Loreto v. [read post]
17 Sep 2010, 8:20 pm
(Kenneth Anderson) I’ve now had a chance to read a little more closely the decision, majority and concurrence, in Kiobel v. [read post]
17 Sep 2010, 7:49 pm
by Kenneth Anderson I’ve now had a chance to read a little more closely the decision, majority and concurrence, in Kiobel v. [read post]
17 Sep 2010, 6:42 am
B & B Hardware, Inc. v. [read post]
16 Sep 2010, 7:06 pm
STANDARD CHARTERED BANK INTERNATIONAL (AMERICAS) LIMITED and STANCHART SECURITIES INTERNATIONAL, INC., Defendants. [read post]
16 Sep 2010, 1:22 pm
Thus, in City of Philadelphia v. [read post]
