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10 Jun 2020, 2:11 pm by Howard Knopf
However, it should be noted that that the Board’s “correctness” niche carved out by the Supreme Court of Canada (“SCC”) pre-Vavilov wherein some issues arise both in tariff hearings and in infringement proceedings in the superior Courts may one day now be revisited as to whether this is still “good law”. [read post]
18 May 2020, 6:33 pm by scottgaille
This argument has merit because courts generally construe force majeure “catch-all” clauses narrowly under the doctrine of ejusdem generis, which is Latin for “of the same kind” and means that only events like those specifically mentioned in the force majeure provision would be included in the catch-all. [read post]
17 May 2020, 9:01 pm by Neil H. Buchanan
That is, even as Republicans have largely won their decades-long war against labor unions in the private sector (allowing most private companies to quickly drop their pension plans), the public sector is the one remaining stronghold of workers’ power.This issue arose in 2018’s Janus v. [read post]
12 May 2020, 3:14 pm by Patricia Hughes
My review is not meant to be exhaustive, but merely illustrative of the kinds of expectations courts have about how participants will conduct themselves. [read post]
11 May 2020, 8:07 am by Dan Maurer
As a consequence, in the years since the 1987 decision, the military’s introspective analysis, criticism and defense of the UCMJ system has rested largely on only half of what makes the UCMJ (or any military justice code) unique and relevant: the kinds of conduct punishable in court and the singularly decisive role played by commanders. [read post]
15 Apr 2020, 4:12 pm by Jackie McDermott and Lana Ulrich
French argued that the governing case here is the Supreme Court case Employment Division v. [read post]
14 Apr 2020, 9:00 pm by Joanna L. Grossman and Mary Ziegler
Under Roe, state laws banning or restrictively regulating abortion were invalid.After two decades of backlash and maneuvering by the anti-abortion movement (including violence against clinics and providers), the Court revisited Roe in Planned Parenthood v. [read post]
31 Mar 2020, 1:50 pm by Kevin LaCroix
In the following guest post, David Topol, takes a detailed look at these kinds of enterprises, and considers the relevant claims and insurance issues. [read post]
31 Mar 2020, 8:23 am by Heather Douglas
As Justice Brown wrote, then of the Superior Court of Justice, in Bank of Montreal v Faibish, 2014 ONSC 2178, “Why should we be able to expect that treating courts like some kind of fossilized Jurassic Park will enable them to continue to provide a most needed service to the public in a way the public respects? [read post]
9 Mar 2020, 1:21 pm by Unknown
Statements implying superiority where the differences in adverse reactions are not clinically meaningful would be misleading. [read post]