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28 Aug 2011, 8:53 am by Eugene Volokh
(It is not clear from the complaint whether this man is the man that she eventually married.) [read post]
25 Aug 2011, 10:18 pm
Wachov reviews law re propriety of collapsing transactions in analyzing fraudulent tsf issues. t.co/NwIS0E9 B-SDNY agrees that pltf only req'd to plead fraudulent intent of transferor under NY intentional fraudulent tsf law. t.co/NwIS0E9 B-SDNY: NY Law of "fair consideration" in Ponzi scheme requires tsfee act in good faith & shouldnt have known of Ponzi. t.co/NwIS0E9 B-SDNY: Having reason to question Dreier's honesty/acctg of funds, isn't equiv. to… [read post]
24 Aug 2011, 3:26 pm by Eric
If cloud-based music lockers simply pull the trigger on 512(c)(3) notices on an "ex parte" basis (i.e., without any input from the affected users), their fair use rights become effectively irrelevant unless the sites honor users' putback notices. [read post]
24 Aug 2011, 12:18 pm by Oliver Gayner, Olswang
  The most frequently cited summary of the rule comes from Ex p Jay; Re Harrison [1880] 14 Ch D 19: “There cannot be a valid contract that a man’s property shall remain his until bankruptcy, and on the happening of that event shall go over to someone else and be taken away from his creditors“. [read post]
24 Aug 2011, 6:58 am
 Imagine if the NFL had tried such a thing years ago, when those effects were not as clear. [read post]
23 Aug 2011, 8:05 am by Tim Evans
Most people, including many lawyers, are less clear on what exactly is practicing law. [read post]
20 Aug 2011, 9:21 pm
.'s Metromedia requirements. t.co/DBE3x51 B-SDNY, post-Marshall, requires change to term of confirmed plan requiring claims ag. ex-D&Os be brought in BK Ct only. t.co/DBE3x51 B-SDNY notes as an aside that it has sustained objections to broad plan releases for former D&Os in 4 identified areas. t.co/DBE3x51 B-SC interprets when "cause" exists under §363(k) to grant or deny a disputed lender the right to credit bid in a sale. http://t.co/zXNGkks … [read post]
19 Aug 2011, 7:54 am
She has a bruised and cut lip, and it is made clear that this injury was no accident. [read post]
18 Aug 2011, 8:13 am by John Dehn
On the other hand, Ex parte Milligan and at least two cases applying the Indian Depredation Act suggest that the existence of a state of war, particularly domestic conflict, is a factual matter to be determined by the courts in the application of domestic law. [read post]
17 Aug 2011, 3:19 pm by David Lat
The transmission of the Skadden site, in part or in whole, and/or communication with Skadden, Arps via Internet e-mail through this site does not constitut [read post]
17 Aug 2011, 11:57 am
CyperSource asserted '154 against Retail Decisions, who initiated an ex parte reexam, leaving the court case stayed pending reexam. [read post]
17 Aug 2011, 10:53 am by Lawrence Solum
In part II, I attempt to clear up the confusions and misunderstandings regarding the principles of justice. [read post]
17 Aug 2011, 3:10 am by Scott A. McKeown
 Statistically speaking, inter partes patent reexamination is more likely to lead to claim cancellation/amendment, and as such, seems the clear choice. [read post]
16 Aug 2011, 3:48 pm by NL
Also because – as should be clear from the passages cited above (and there were more) – both the CJ and Arden LJ seem to get themselves into a terrible tangle over whether the fact that a landlord body might have a Part VII housing duty would make any difference to a proportionality defence. [read post]
16 Aug 2011, 3:48 pm by NL
Also because – as should be clear from the passages cited above (and there were more) – both the CJ and Arden LJ seem to get themselves into a terrible tangle over whether the fact that a landlord body might have a Part VII housing duty would make any difference to a proportionality defence. [read post]
14 Aug 2011, 9:03 pm by Badrinath Srinivasan
Further, the New Rules makes it clear that the expert must be independent. [read post]
14 Aug 2011, 12:06 pm by NL
The issue is the 'turf wars' between local government and national government (via NASS as was) that sprang up after the judgment in R v City of Westminster and others ex p M, P, A and X [Ex p. [read post]
14 Aug 2011, 12:06 pm by NL
The issue is the 'turf wars' between local government and national government (via NASS as was) that sprang up after the judgment in R v City of Westminster and others ex p M, P, A and X [Ex p. [read post]