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14 Sep 2012, 8:34 am
“Material fact” has been defined as a fact falling into any one of the following categories: [A fact] having legal significance which would . . . control the legal relations of the parties; one upon which the outcome of the litigation depends in whole or in part; one on which the controversy may be determined; one which will affect the outcome of the case depending on its resolution; or, one which constitutes a part of the plaintiff’s cause of action… [read post]
14 Sep 2012, 8:34 am
“Material fact” has been defined as a fact falling into any one of the following categories: [A fact] having legal significance which would . . . control the legal relations of the parties; one upon which the outcome of the litigation depends in whole or in part; one on which the controversy may be determined; one which will affect the outcome of the case depending on its resolution; or, one which constitutes a part of the plaintiff’s cause of action… [read post]
11 Mar 2020, 2:07 pm
While many employers sponsoring self-insured health plans will want their health plan to provide similar coverage as part of their risk management response to the coronavirus outbreak. [read post]
15 May 2013, 10:36 am
It is already painfully clear that the general public does not understand legalese, and that communication is becoming more and more visual and rapid. [read post]
27 Jun 2023, 1:42 am
That near consensus was because the law here is clear. [read post]
26 Jun 2023, 11:41 am
Direct examination is the procedure where the prosecution questions those witnesses called as part of the state’s case. [read post]
1 Jul 2021, 9:43 am
Alabama ex rel. [read post]
29 Oct 2013, 4:13 am
But that is not the law, and the doctrine is clear that not all legal or beneficial owners who have standing to sue can actually exploit the copyright. [read post]
3 Feb 2013, 6:01 pm
This is about as true in medical practice, by the way, as it is in biomedical research — in part because huge swaths of “standard practice” are not evidence-based, for a variety of reasons; in part because even a solid evidence base is typically based on the effects of an intervention on narrowly selected research participants in highly controlled circumstances which may not generalize to individual patients in real life; and in part because medicine,… [read post]
3 Sep 2021, 4:00 am
But it is not clear what ownership or stake, if any, Lauren Boebert has in either company. [read post]
10 Apr 2017, 5:15 pm
This likelihood does not, however, open up every negotiated agreement to a FRAND-based challenge, as the parties are free to agree on any royalty they wish, absent competition law considerations (¶155) (see Part C below). [read post]
11 Feb 2022, 3:00 am
Supreme Court cleared the way for Alabama to use its new Republican-drawn congressional map in the 2022 elections even though a lower court said it violated the Voting Rights Act by denying a new district favorable to a Black candidate. [read post]
6 Mar 2013, 10:44 am
Here's what's very strange to me about Gibbs' opposition to the ex parte application, and about Gibbs' sanctions motion: they conspicuously avoid direct engagement with the most incendiary accusations Pietz makes. [read post]
19 May 2010, 4:36 pm
The purpose of the measure, as the first six words of the Act made clear, was “To promote competition and reduce regulation. [read post]
19 Aug 2020, 9:16 am
Umm David: Top leadership is guilty for what ISIS did and so are all those idiots who came because they loved violence and money (such as ex-drug addicts, former inmates and criminals) and thought that in Syria they could loot and kill openly. [read post]
20 Feb 2019, 2:44 pm
It is a right not ex gratia from the legislature, but ex debito from the constitution. [read post]
30 Jan 2024, 9:02 pm
The Commission explains that “a defendant can waive constitutional rights as part of a civil settlement. [read post]
1 Feb 2013, 9:42 am
Pa. 2010) – or at least the Pennsylvania part of it, which dealt with the law we knew best.That’s it – two cases earned that sobriquet in the blog’s six-plus years of existence.Make that three.The recent decision in Arters v. [read post]
16 Nov 2017, 12:47 pm
., File No. 2017-CFPB-0018, Doc. 1 (“TSI Consent Order”).1 1 Available at http://files.consumerfinance.gov/f/documents/201709_cfpb_transworld-systems_consent-order.pdf The TSI Consent Order requires TSI to undertake certain tasks as part of prospective injunctive relief. [read post]
16 Nov 2017, 12:47 pm
., File No. 2017-CFPB-0018, Doc. 1 (“TSI Consent Order”).1 1 Available at http://files.consumerfinance.gov/f/documents/201709_cfpb_transworld-systems_consent-order.pdf The TSI Consent Order requires TSI to undertake certain tasks as part of prospective injunctive relief. [read post]
