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22 May 2024, 1:15 am
The Court also denied access to the court-generated documents requested by Nicoventures, finding no legal basis in the RoP for these documents to be made public. [read post]
21 May 2024, 9:03 pm
Ongoing uncertainties and differences in port readiness mean that SPS controls may operate on an inconsistent and incomplete basis after being introduced. [read post]
21 May 2024, 9:01 pm
Exceptions to Fiduciary Advice: Sales Pitches and Investment Education As noted above, unlike its 2016 predecessor, the Final Rule does not provide a specific carveout for recommendations to sophisticated, independent advice recipients on the basis that the DOL believes it is preferable to utilize a facts-and-circumstances test for recommendations to plan sponsor fiduciaries absent an acknowledgment of fiduciary status with respect to the recommendation. [read post]
21 May 2024, 9:01 pm
It was carefully researched and thoroughly footnoted, canvassing all sides in the ongoing debate about what to do about the problems now plaguing the Court.But, as law professor Sanford Levinson predicted when it was released, the commission report is “so measured in tone that it would make an excellent basis for classroom discussion, which is a mixed compliment. [read post]
21 May 2024, 7:58 pm
Basis at 24. [read post]
21 May 2024, 7:34 pm
They were formulated during the second world war on the basis of the nutrients needed for the physical health of troops. [read post]
21 May 2024, 6:00 pm
Some lawyers work on a contingency basis, which means they only get paid if you win your case. [read post]
21 May 2024, 4:55 pm
This higher valuation is known as a "stepped-up cost basis. [read post]
21 May 2024, 2:16 pm
The court obliged, simply assuming that the facts presented established a prima facie case, and decided the case on the basis of the defendant’s affirmative defenses. [read post]
21 May 2024, 1:38 pm
Applied to the case, there was no genuine question that Spectrum had a good faith basis for thinking it complied with California wage and hour law as it related to the certified class. [read post]
21 May 2024, 12:50 pm
Under Texas law, there is indeed a legal basis for collecting money from a person who has committed a theft, but it is likely not applicable to most shoplifting cases. [read post]
21 May 2024, 10:19 am
The Permanent Court of Arbitration previously rejected Beijing’s claim of sovereignty over the South China Sea in 2016, saying the claims made by China had no legal basis under the United Nations Convention on the Law of the Sea (UNCLOS). [read post]
21 May 2024, 9:45 am
But, by declining to set forth precise contours for applying the “reasonably pertinent” prong to designs, the court left room for future cases to further develop the analogous art test as it relates to the unique nature of design patents on a “case-by-case basis. [read post]
21 May 2024, 9:18 am
On the other hand, ESMA proposes to set the measures on which market data providers calculate “reasonable margin” as part of market data fees, on a principle-based basis. [read post]
21 May 2024, 8:17 am
While it is possible to sustain an Equal Protection challenge when the claimant can show that racial discrimination was a “substantial or motivating factor” underlying a facially neutral law, the claimants here could not meet that burden under either rational basis review or an intermediate standard of review. [read post]
21 May 2024, 8:03 am
Justice Sotomayor writes that the language of the FAA, the structure of the statute, and the purpose of the statute all point in the same direction:When a federal court finds that a dispute is subject to arbitration, and a party has requested a stay of the court proceeding pending arbitration, the court does not have discretion to dismiss the suit on the basis that all claims are subject to arbitration.While the Court thinks is not a complicated issue, the lower federal courts were in… [read post]
21 May 2024, 7:24 am
The court found no legal basis for this argument, though, asserting that the sentencing court correctly applied the prevailing law at the time of sentencing. [read post]
21 May 2024, 7:21 am
It can also strengthen the legal basis for small island States’ claims for climate justice, including for loss and damage, and help hold high-emitting States accountable for their contribution to climate change. [read post]
21 May 2024, 6:39 am
In relying on that research, this Article builds a more nuanced account of the complex operation of discrimination on the basis of gender. [read post]
21 May 2024, 6:19 am
.' But fear of political consequences isn’t a legitimate basis to refuse compliance with a congressional subpoena, then or now. [read post]
