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3 May 2023, 7:39 am
The burden of demonstrating that there was a price premium (and thus that the predominance requirements of Rule 23(b)(3) have been met) was plaintiffs’ and they did not satisfy it. [read post]
Venezuela: Negative choice and UNIDROIT Principles in determining Law applicable to bill of exchange
1 May 2023, 1:13 am
The first thing the Chamber does is to identify, in accordance with Article 30 of the Law, the objective and subjective elements of the relationship, in order to determine with which Law the bill of exchange is more closely related and assumes for this purpose —although it does not quote it— the opinion expressed by Professor Fabiola Romero in her work “Derecho aplicable al contrato internacional” (in: Liber Amicorum, Homenaje a la Obra Científica y Académica de… [read post]
27 Apr 2023, 5:25 am
U.S. federal courts must similarly ensure that a defaulting foreign state is not entitled to immunity, because the FSIA makes foreign state immunity a question of subject matter jurisdiction, and federal courts must address questions of subject matter jurisdiction even if they are not raised by the parties. [read post]
22 Apr 2023, 6:37 am
” YPI 180 N. [read post]
20 Apr 2023, 5:17 am
“This is a very amicable divorce,” clients often tell me. [read post]
18 Apr 2023, 10:25 am
See 15 U.S.C. 45(m)(1)(B). [read post]
18 Apr 2023, 10:25 am
See 15 U.S.C. 45(m)(1)(B). [read post]
14 Apr 2023, 4:29 am
In addition, there is the requirement to fill out Schedule N, regarding the distribution of its assets and whether there were successor organizations and any “officer, director, trustee, or key employee” involved in them.[9] The organization is also required to attach to their final return copies of their dissolution documents, which may include “articles of dissolution or merger, resolutions and plans of liquidation or merger. [read post]
13 Apr 2023, 8:41 am
At the time, the Medicare Act did not expressly provide for judicial review of regulations promulgated by the Secretary under Medicare Part B. [read post]
12 Apr 2023, 7:49 am
This matter was originally considered in State v. [read post]
11 Apr 2023, 7:13 am
P. 19(a)(l)(B).} [read post]
11 Apr 2023, 6:00 am
Pursuant to CPLR 7511 (b) (1), a court may vacate an award when it violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on an arbitrator's power" (Matter of Czerwinski [New York State Dept. of Corr. [read post]
11 Apr 2023, 6:00 am
Pursuant to CPLR 7511 (b) (1), a court may vacate an award when it violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on an arbitrator's power" (Matter of Czerwinski [New York State Dept. of Corr. [read post]
8 Apr 2023, 5:15 am
In such a scenario, rightsholders must provide OCSSPs with the necessary information (Art. 17 (4), b). [read post]
7 Apr 2023, 9:27 am
[B.] [read post]
6 Apr 2023, 7:05 am
Because there was no controlling opinion on the matter, the court engaged in a predictive exercise and held, “[b]ased upon our Supreme Court’s statement in Baymon, we conclude that it was not error for the trial court to allow expert testimony that [the victim] was not coached. [read post]
5 Apr 2023, 4:39 am
R. 3.4(b) “[A]n attorney who procures false evidence, knowing it to be false, with the intention of deceiving the court and thus interfering with the due administration of justice, is … guilty of contempt of court. [read post]
4 Apr 2023, 6:36 am
Listen to your dad and our father who created us (God) in this matter. [read post]
4 Apr 2023, 2:20 am
Explanatory Reports Garcimartín Alférez, Francisco; Saumier, Geneviève „Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here) Garcimartín Alférez, Francisco; Saumier, Geneviève “Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel. [read post]
4 Apr 2023, 1:00 am
Porsche Cars N. [read post]
