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11 May 2011, 5:00 am by Doug Cornelius
As for private  funds, Rule 205-3(b) requires a look -through from the fund to the investors in the fund. [read post]
10 May 2011, 7:30 am by admin
Warranty of Habitability ( New York Real Property Law § 235-b) Every written or oral residential lease warrants that the premises and common areas will be maintained in a condition that is: (a) fit for human habitation; (b) fit for uses reasonably intended by the parties; and (c) free from conditions endangering or detrimental to life, health, or safety of the occupants. [read post]
9 May 2011, 11:17 am by The Legal Blog
Fakhr Jahan Begam & Ors. 1922 (49) IA 195 referred to `Mohammadan Law'; by Syed Ameer Ali and approved the statement made therein that three conditions are necessary for a valid gift by a Muslim: (a) manifestation of the wish to give on the part of the donor; (b) the acceptance of the donee, either impliedly or expressly; (c) the taking of possession of the subject-matter of the gift by the donee, either actually or constructively. [read post]
9 May 2011, 5:03 am by Rebecca Tushnet
False advertising claims under the UCL and CLRA sound in fraud and thus must meet Rule 9(b)’s heightened standard. [read post]
9 May 2011, 4:30 am
P. 12(b)(1), Amway moved to dismiss the Guzzardo Plaintiffs’ complaint, asserting a lack of subject matter jurisdiction because of the absence in the pleading, as originally filed, of an express assertion of an amount in controversy in excess of $5 million, as required under CAFA. [read post]
8 May 2011, 7:01 pm by cdw
The concurrence in this matter takes a broad swipe at the idea of vigorous advocacy in postconviction proceedings. [read post]
4 May 2011, 1:30 pm
P. 23(b)(1), 23(b)(2), and 23(b)(3)--constitute an important factor in analyzing whether or not punitive damages are appropriate. [read post]
3 May 2011, 10:30 pm by 1 Crown Office Row
It was suggested that in order to establish liability a claim would have to show: (a) A reasonable expectation of privacy; and (b) The act or conduct complained of is highly offensive to a reasonable person of ordinary sensibilities (See Australian Law Reform Commission, “For Your Information: Australian Privacy Law and Practice”, Report 108, May 2008, Recommendations 74-1 and 74-2, p.2584). [read post]
2 May 2011, 5:45 pm by FDABlog HPM
§ 514.235(b) permit a direct appeal to an appellate court within 60 days after the entry of a relevant  FDA order.) [read post]
1 May 2011, 12:00 am by INFORRM
It was suggested that in order to establish liability a claim would have to show: (a)   A reasonable expectation of privacy; and (b)  The act or conduct complained of is highly offensive to a reasonable person of ordinary sensibilities (See Australian Law Reform Commission, “For Your Information: Australian Privacy Law and Practice”, Report 108, May 2008, Recommendations 74-1 and 74-2, p.2584). [read post]