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28 May 2009, 4:14 am
Whether or not the plaintiff can ultimately establish the truth of their allegations before the trier of fact is irrelevant (Campaign for Fiscal Equity, Inc. v. [read post]
24 May 2021, 7:57 am by Evan Brown
” Applying the canon of statutory construction of expressio unius est exclusio alterius, the court determined that where Congress explicitly enumerates certain exceptions to a general prohibition, additional exceptions are not to be implied, in the absence of evidence of a contrary legislative intent. [read post]
18 Jun 2007, 3:46 pm
NASCAR filed a $100 million counter claim against AT&T Inc. on Sunday, accusing the wireless provider of interfering with its exclusive sponsorship agreement with rival wireless company Nextel. [read post]
3 Nov 2020, 11:37 am by Chukwuma Okoli
In construing a document, the court is enjoined or mandated by law to apply the literal rule as a canon of interpretation, that is, to accord the words employed there in their ordinary grammatical meaning without any embellishment.[4] It then held that for the document of parties to a private contract to confer jurisdiction on a court, the words used must be clear and explicit and devoid of woolliness and ambiguity. [read post]
2 Jul 2010, 2:18 pm by Barbara E. Lichman, Ph.D.
While “it has long been held that traditional economic damages can be remedied by compensatory awards, and thus do not rise to the level of being irreparable,” Vaqueria Tres Monjitas, Inc. v. [read post]
16 May 2007, 12:58 pm
Summit Logistics, Inc. (2005) 133 Cal.App.4th 949, the Court of Appeal held that "employers have ‘an affirmative obligation to ensure that workers are actually relieved of all duty.' (Dept. of Industrial Relations, DLSE, Opinion Letter 2002.01.28, p. 1.). [read post]
11 Feb 2015, 9:00 am by Kirk Jenkins
StubHub, Inc. for determining when a home-rule unit may concurrently regulate areas of statewide concern. [read post]
3 Mar 2014, 8:40 pm by Mary Pat Dwyer
IndyMac MBS, Inc. 13-640Issue: Whether the filing of a putative class action serves, under American Pipe & Construction Co. v. [read post]