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24 Oct 2011, 7:33 am by Kenneth Anderson
It is a discretionary regime in its most important economic crises – as perhaps are all large democratic economies and common markets, including the US (Cf. [read post]
1 Sep 2022, 5:01 am by Eugene Volokh
And even if such treatment is constitutionally permissible, it seems to me to be something that the secular legal system should generally avoid doing. [1] Cf. [read post]
25 Sep 2024, 4:59 am by Andrew Lavoott Bluestone
Presented with this evidence and testimony, a trier of fact could determine that, notwithstanding defendants’ negligent conduct, the proximate cause of FTF’s losses following Borrowers’ default was its own deficient diligence efforts (cf Garten v Shearman & Sterling LLP, 102 AD3d 436, 437 [1st Dept 2013] [affirming dismissal of complaint on summary judgment where defendant established that plaintiffs losses were caused by a borrower’s “poor financial… [read post]
18 Apr 2015, 3:44 pm by Stephen Bilkis
In Hamza v Hamza, (268 AD2d 459 [2d Dept. 2000]), the court ruled:: While the recoupment of child support payments is, under certain circumstances, permissible (cf., Tuchrello v Tuchrello, 233 AD2d 917), we agree with the defendant's contention that in the instant case the plaintiff is collaterally estopped from seeking recoupment. [read post]
21 Oct 2010, 6:02 am by Gilles Cuniberti
But although the economic effect of Miller/Macfarlane may have much in common with community of property, it is clear that the exercise under the 1973 Act does not relate to a matrimonial property regime: cf Case C-220/95 Van den Boogaard v Laumen (Case C-220/95) [1997] ECR I-1147, [1997] QB 759; Agbaje v Agbaje [2010] UKSC 13, [2010] 2 WLR 709, para 57. 108. [read post]
28 Jan 2011, 8:53 am by Dave
  It is quite simply, as NL has put it, Baroness Hale at the top of her game; a brilliant, tightly argued, academic but practical, rich and deep appreciation of homelessness law and its underlying philosophy (cf the “provocative” approach taken by the Daily Mail in their, ahem, “interesting” comment on the case – more of which, possibly, later). [read post]
3 Sep 2011, 11:01 am by Oliver G. Randl
It has to be noted that only a minority of those compounds comprises at least one (FS) unit and at least two silicon atoms, according to feature (1); a compound according to feature (2) of claim 1 of the impugned patent has to be chosen among all the [aromatic amines] defined in claims 1 and 5 to 7 or in paragraphs [0024] and [0025] of D1;a dental filler according to feature (3) of claim 1 of the impugned patent must be used whereas such a filler is optional in D1 and, when it is present, it can be… [read post]
10 Feb 2022, 6:01 pm by Thomas James
by Minnesota attorney Thomas James The rise in popularity of nonfungible tokens (NFTs) has generated considerable controversy and confusion about whether and how copyright law applies to them. [read post]
9 Jul 2019, 12:16 am by JR Chaves
.- Al margen de esta última precisión, lo relevante es que no procede pretenderse de la Sala que dicte una sentencia declarativa de un derecho inexistente, pues ya se trate de iniciar una reforma legal o reglamentaria, no existe el derecho a que se ejecute: tal iniciativa responde a la libre dirección política del Gobierno, de ahí que esta Sala no haya discutido su competencia pese a que la solicitud se dirigió al Ministerio de Educación, Cultura y… [read post]