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10 Feb 2020, 6:18 am
In a recent essay, I highlight two arguments that I think have flown under the radar but strongly favor this outcome. [read post]
7 Apr 2011, 9:53 pm
How far Rule 23(b)(2) can be stretched is the issue in the gigantic class action against Wal-Mart, Dukes v. [read post]
21 May 2010, 4:57 pm
KIUC is charged with nine counts each of taking threatened species in violation of 16 USC §§ 1538(a)(1)(G) and 1540(b)(1) and Title 50, Code of Federal Regulations, § 17.31(c) and (a); and taking migratory birds in violation of 16 USC §§ 703(a), 707(a).I haven't had time to do more than scan it and I'm no expert at environmental law - especially endangered species (we'll learn about it together as the case progresses) - but… [read post]
27 Jan 2014, 9:38 am
(Compare Rule 23(b)(2) with 23(b)(1) and 23(b)(3); Dukes, supra, 131 S.Ct. at p. 2558 [“monetary claims belong in Rule 23(b)(3)”].) [read post]
21 Apr 2007, 3:03 am
In making its determination, the Court analyzed the motion using the five factors set forth in Kaufman v. [read post]
9 Apr 2016, 4:28 pm
On 29 March 2016 the Grand Chamber added a new judgment to this list in the case of Bédat v. [read post]
5 Oct 2010, 12:37 pm
I had earlier posted on the decision of the New York appeals court here. [read post]
18 Nov 2013, 1:37 pm
Power Tools, Inc. d/b/a Axceler, 7:13CV00035 (W.D. [read post]
19 May 2015, 2:20 am
B pleaded guilty to a number of offences. [read post]
5 May 2011, 2:01 pm
I. [read post]
10 Jan 2022, 9:31 am
The case is Kemp v. [read post]
25 Feb 2010, 1:17 pm
We reject this reading of Rule 4:1(b)(4)(A)(i). [read post]
4 Aug 2008, 9:36 am
R (Heffernan) v Rent Service; [2008] WLR (D) 279 “Rent officers, in identifying the ‘locality’ under Sch 1, Pt I to the Rent Officers (Housing Benefit Functions) Order 1997, as amended, needed to assemble only enough ‘neighbourhoods’ to satisfy the requirements of para 4(6)(c). [read post]
6 Jan 2020, 6:49 am
Co. v. [read post]
22 Jun 2011, 1:29 pm
“The class in this case, I agree with the Court, should not have been certified under Federal Rule of Civil Procedure 23(b)(2). [read post]
10 Apr 2011, 1:43 am
In my article "Divided by a common language: US and UK patent law" which was published in Science, People & Politics (April to June 2011) I noted that one of the differences between US and UK patent law was that 35 USC 102 (b) of the US act permits an application for a US patent even where the invention has been described in a publication or application for a foreign patent that has been made in [read post]
22 Jul 2019, 1:20 pm
(B) A Wooden Chair. [read post]
23 Oct 2023, 12:20 pm
Brathwaite v. [read post]
24 Jul 2023, 4:05 am
In Society of the Divine Word v. [read post]
15 Aug 2008, 11:56 am
Re: ORS 166.065(1)(a)(B)OREGON v. [read post]