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25 Jul 2024, 4:29 am
Good faith does not form an independent basis upon which a court subjectively can refuse to enforce a contractual provision. [read post]
25 Jul 2024, 4:00 am
The latter necessarily requires a court to interfere with a religious institution’s internal management, its doctrinal specificities, and its decisions regarding who preaches the faith, but the former does not.Becket Fund issued a press release announcing the decision. [read post]
25 Jul 2024, 4:00 am
For decades, the ideas of equality, justice, and human rights have been the core pillars of Canada’s national identity. [read post]
25 Jul 2024, 3:30 am
However, this strict interpretation could be linked to the nature of the exemption, which is not a proper “right”, but only an exception to a patent right which aims to ensure that an economic player who previously exploited the invention does not see its economic activity hampered or even blocked by a subsequent patent application. [read post]
25 Jul 2024, 3:30 am
As the authors explain, prosecuting people for felony murder and accomplice liability addresses a problem that does not exist because accomplices are already punished for their actual crimes. [read post]
25 Jul 2024, 3:14 am
Granted, its fawning adoration of Kamala Harris, who has yet to express her position on either Israel or the criminal conduct of “protesters,” has consumed its reporting for the past few days, but does that mean the Times is once again lost to the ideological lies of “moral clarity” rather than a fair and accurate portrayal of the facts that would enable readers to see the truth and make up their own minds? [read post]
25 Jul 2024, 1:01 am
Thus, it does not come as a surprise that Birkenstock, on its way to fame and the New York Stock Exchange (NYSE), tried a variety of different IP rights in court, most prominently German trade dress law.However, on 16 November 2017, the Cologne District Court dismissed claims brought by Birkenstock based on the ‘Arizona’ model shown below: According to the Court, Birkenstock had tolerated third-party products for several years, leading to a significant dilution of the… [read post]
25 Jul 2024, 12:45 am
What does this mean for labs going forward? [read post]
25 Jul 2024, 12:15 am
According to the company: "Delaware law permits a corporation to adopt provisions limiting or eliminating the liability of a director or an officer to a company and its stockholders for monetary damages for breach of fiduciary duty as a director, provided that the liability does not arise from certain proscribed conduct, including breach of the duty of loyalty, acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law. [read post]
25 Jul 2024, 12:00 am
Water rights are now becoming highly political as the federal government seeks to control certain water rights in the state of Texas. [read post]
25 Jul 2024, 12:00 am
What Does a Special Needs Trust Do? [read post]
25 Jul 2024, 12:00 am
Illinois does not recognize fault in divorce. [read post]
24 Jul 2024, 9:05 pm
Ultimately, the issue seemed be: How sincerely does the federal government takes its own policy of self-determination for Native Nations that seek to provide healthcare programs under IDSA self-determination contracts? [read post]
24 Jul 2024, 9:03 pm
”She takes another step, again toward him and the counter, though she does not appear to raise the pot as if to throw it at either officer. [read post]
24 Jul 2024, 9:01 pm
” While Judge Cannon found this provision not to authorize the appointment of “officers”—since she ungenerously determined that “officials” here does not include “officers”—even she conceded the provision permits engagement of “nonofficer employees. [read post]
24 Jul 2024, 8:26 pm
The court also ruled that the futility exception was not applicable to the plaintiffs’ claims, because despite their allegations that the town had become hostile to their redevelopment plans, “[f]utility does not exist merely because public officials are hostile to the proposal at issue. [read post]
24 Jul 2024, 7:21 pm
Does this distinction bring any concrete and practical benefits to law today? [read post]
24 Jul 2024, 5:40 pm
What Does “All Reasonable Steps” Mean? [read post]
24 Jul 2024, 4:36 pm
The court found that Mary's writings were insufficient to constitute an amendment to the Trust, and it ordered that the Trust be distributed to its original beneficiaries, including Wendy Trotter Van Dyck (Van Dyck).The appellate court concluded "that at least two of the grounds the court relied on were proper: (1) there was no signed document amending the Trust and the electronic signature provision of the Uniform Electronics Transaction Act (UETA) does not apply because a… [read post]
24 Jul 2024, 4:13 pm
If you are thinking about buying a franchise in the Commonwealth, what does this mean for you? [read post]