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27 May 2010, 11:16 am
In this regard I adopt the language of Laskin C.J. in Hobbins, supra, at p. 558, when he states: There can be no hard and fast rule that merely because a prior statement is ruled inadmissible a second statement taken by the same interrogating officers must be equally vulnerable. [read post]
25 May 2010, 11:35 am
Justice Breyer delivered the opinion of the Court, joined by Roberts, C.J., and Scalia, Kennedy, Thomas, Ginsburg, and Alito, JJ.. [read post]
12 May 2010, 11:57 pm
P.N.Sharma, AIR 1965SC1595, speaking through our great justice Gajendragadkar, C.J., while holding that the appellate authority under the Punjab Welfare Officers Recruitment and Conditions of Service Rules, 1952, is a Tribunal, observed: “…Special matter and questions re entrusted to them for their decision and in that sense, they share with the courts one common characteristic; both the courts and the Tribunals are ‘constituted by the State and are invested… [read post]
10 May 2010, 2:47 am
This is always a matter of interpretation: given that it was intended to apply to a company, how was it intended to apply? [read post]
7 May 2010, 8:21 am
National Post, 2010 SCC 16 (CanLII) contains the following line from Binnie J for the majority (McLachlin C.J. and Binnie, Deschamps, Fish, Charron, Rothstein and Cromwell JJ.: As recently pointed out in Grant v. [read post]
27 Apr 2010, 1:34 pm
.), McColl C.J. on behalf of the Court stated that the ruling of a trial judge to exclude defendants as if they were witnesses was in error, and that a new trial should be allowed. [read post]
27 Apr 2010, 7:45 am
Holding that the answer was no, Justice Alito wrote:From these principles, it follows that a party may not be compelled under the FAA to submit to class arbitration unless there is a contractual basis for concluding that the party agreed to do so.The vote was the now familiar one with Justice Alito being joined by C.J. [read post]
26 Apr 2010, 1:30 pm
., dissenting) (along with Edwards, C.J., and Wald and Rogers, JJ., joining opinion arguing that intentional sex discrimination is sufficient to justify punitive damage award), rev’d, 527 U.S. 526 (1999). [read post]
4 Apr 2010, 1:32 pm
[emphasis added] Rabner C.J. notes that the employee took steps to protect her personal e-mails from the employer, including a personal e-mail account instead of her company e-mail, utilized password protections, and did not save the account password on the computer. [read post]
1 Apr 2010, 2:25 pm
(QUINCE, C.J.) [read post]
1 Apr 2010, 2:02 pm
But I think perhaps the most important sentence in the opinion is the penultimate one: “The debate between the Seventh Circuit panel [Easterbrook, C.J.] and the dissent from the denial of rehearing en banc [Posner, J.] regarding today’s mutual fund market is a matter for Congress, not the courts. [read post]
19 Mar 2010, 7:12 pm
Morelli, 2010 SCC 8 Fish J ( McLachlin C.J. and Binnie, Abella JJ concurring) [1] This case concerns the right of everyone in Canada, including the appellant, to be secure against unreasonable search and seizure. [read post]
4 Mar 2010, 1:43 pm
—San Antonio 2000, pet. dism’d) (Hardberger, C.J., dissenting). [read post]
26 Feb 2010, 10:42 am
., 189 N.J. 615 (2007), the NJPLA "was intended 'to establish clear rules with respect to specific matters as to which the decisions of the courts in New Jersey have created uncertainty.'" Id. at 624 (quoting Senate Judiciary Committee, Statement to Senate Committee Substitute for S.B. [read post]
26 Feb 2010, 5:09 am
SUBJECT MATTER JURISDICTIONIV. [read post]
13 Feb 2010, 1:32 pm
[No. 80752-3. [read post]
ANN ALTHOUSE WILL BE LIVEBLOGGING the State Of The Union. And Jason Pye emails that the folks at Un…
27 Jan 2010, 5:55 pm
" C.J. [read post]
21 Jan 2010, 4:30 pm
No need to feel great pity for a plaintiff whose claim arguably may have failed at least in part due to his attorney's apparent preoccupation with other matters. [read post]
December 29, 2009 – Environmental Law Settlements, Decisions, Regulatory Actions and Lawsuit Filings
29 Dec 2009, 5:50 pm
The original case filed in the matter went to trial in 2005 in U.S. [read post]
December 29, 2009 – Environmental Law Settlements, Decisions, Regulatory Actions and Lawsuit Filings
29 Dec 2009, 5:46 pm
The original case filed in the matter went to trial in 2005 in U.S. [read post]