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8 Jan 2009, 4:07 am
" Id. at *9 (technically this is dictum since the court did not need to decide the issue, given the first ruling).That the RICO statute lacks a separate reliance requirement does not mean that reliance isn't essential to causation in the great bulk of RICO cases. [read post]
10 May 2010, 6:30 am by INFORRM
  This was confirmed in the subsequent case of Vitrenko v Ukraine Decision of 15 December 2008 in which it was said that “the Court bears in mind the positive obligation on the State to ensure that persons subjected to defamation have a reasonable opportunity to exercise their right to reply by submitting a response to defamatory information in the same manner as it was disseminated” As a result, it is arguable that Article 10 does require the provision of a… [read post]
9 Sep 2011, 1:58 pm by Juan Antunez
" A chancery action for attorneys fees and costs is an action in equity that is similar to a prevailing party provision for attorneys fees and costs, but equity does give the court discretion if the circumstances demand. [read post]
26 Jul 2009, 6:03 pm
  This limitation is imposed by the federal statute, the Parental Kidnapping Prevention Act which trumps the UCCJEA because of the constitutional supremacy clause (Article VI, Clause 2). [read post]
30 Dec 2011, 6:13 am by Rebecca Tushnet
  Thus, the case “does little to bolster Starbucks' argument that a single-digit source confusion indicator produced by a survey that did not present the relevant terms in context is probative of a likelihood of dilution by blurring. [read post]
21 Mar 2012, 9:11 am by Dianne Saxe
Second, even  if public participation were “political”, CRA considers a communication to be  a proper part of  “charitable activity” if it is subordinate to the charity’s purposes and: relates to an issue that is connected to the charity’s purposes; is well-reasoned; and does not contain information that the charity knows or ought to know is false, inaccurate, or misleading. [read post]
8 Oct 2008, 7:10 pm
Usually, OMB does not receive any public comments at all, and in these cases it is OMB is compelled by necessity to assume that what the agency provided is valid and reliable. [read post]
14 Oct 2011, 2:00 am by Kara OBrien
Click here for the complete S&C publication - Conflicts of Interest in Securitizations. [1] Section 3(a)(77) of the Securities Exchange Act provides that the term “asset-backed security”: “(A) means a fixed-income or other security collateralized by any type of self-liquidating financial asset (including a loan, a lease, a mortgage, or a secured or unsecured receivable) that allows the holder of the security to receive payments that depend primarily on cash flow from the… [read post]
4 Sep 2012, 2:43 am by John L. Welch
" Although fame for Section 2(d) purposes "varies along a spectrum from very strong to very weak," for Section 43(c) dilution, fame is "an 'either-or' proposition—it either exists or it does not. [read post]
27 Feb 2019, 6:01 am by Michael Geist
    reduce barriers to entry and barriers to competition for new and smaller telecommunications service providers,vi. [read post]
9 Dec 2011, 10:37 am by Stephen Wermiel
The Supreme Court’s fascination with the problems of preemption in recent years does not shed a lot of light on what the Court might do with the Arizona case. [read post]
8 Aug 2012, 3:42 am by Victoria VanBuren
”  And finally, in response to Armstrong’s allegations that the USADA Protocol does not allow full judicial review, and the available review is by a Swiss court, Defendants assert that  “Courts repeatedly admonish that ‘severely limited’ judicial review is an essential, and inherent, feature of contractually agreed binding arbitration, necessary to avoid undermining the ‘twin goals of arbitration . . . settling disputes efficiently and avoiding… [read post]
17 Nov 2011, 12:31 am by Thomas Henderson
No deprivation of liberty The appeal was allowed, P’s care plan at Z house does not involve a deprivation of liberty Lord Justice Munby, giving the leading judgement, reviews some of the key case law on Deprivation of Liberty and provides a useful summary of the underlying principles at para 102: i) The starting point is the “concrete situation”, taking account of a whole range of criteria such as the “type, duration, effects and manner of implementation” of… [read post]
10 Mar 2024, 9:05 pm by renholding
  Such benchmarking does not require any firm to change its business practices. [read post]
27 Mar 2020, 5:36 pm by Bijal Vira and Nirav Bhatt
*This alert is provided for information purposes only and does not constitute legal advice and is not intended to form an attorney client relationship. [read post]