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13 Jul 2023, 5:48 am by Barry Barnett
False statements about and manipulating reviews of nutritional supplements exposed Amazon vendor to disgorgement, attorney’s fees, and potentially punitive damages. https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110878966.pdf Lack of support in spec and late change in reasons doomed attempt to rewrite patent claims. http://cafc.uscourts.gov/opinions-orders/22-1165.OPINION.6-27-2023_2148484.pdf Supreme Court strikes down affirmative action, 6-3.… [read post]
12 Jul 2023, 6:05 am by Whitney Gravelle
These negotiations, and a potential binding arbitration, could determine the fate of the pipeline. [read post]
11 Jul 2023, 5:28 am by Simon Lester
A new one, modeled after commercial arbitration, should be put inits place. [read post]
10 Jul 2023, 4:35 pm by Rob Robinson
This includes free of charge independent dispute resolution mechanisms and an arbitration panel. [read post]
10 Jul 2023, 4:00 am by Peter Mahler
Based on her analysis of the “two distinct lines of cases that lead to opposite results,” Justice Crane concluded that the Newsweek case “fits squarely into Sterling” based on (1) the absence of any by-laws provision expressly authorizing the president to commence litigation, (2) the by-laws provision stating “the business of the corporation shall be managed by its board of directors,” (3) the by-laws provision requiring a shareholder vote in the event of… [read post]
10 Jul 2023, 2:25 am by Matrix Law
(3) Should the Court determine issues 1 and/or 2 above on a summary judgment and/or strike-out application? [read post]
9 Jul 2023, 9:02 pm by Barry Winograd
”In contrast to the majority’s view being “untethered” from the text of the FAA, Justice Jackson cited Section 3 of the FAA which explicitly refers to a litigation stay when a motion to compel is granted. [read post]
7 Jul 2023, 1:24 pm by The White Law Group
  FINRA Arbitration  In addition to regulatory actions, FINRA BrokerCheck may disclose arbitration awards related to customer disputes. [read post]
7 Jul 2023, 9:34 am by Chip Merlin
 Parties were ordered by District Court … to submit to appraisal under policy’s arbitration provisions, and appraisal award was confirmed. [read post]
3 Jul 2023, 1:39 am by Matrix Law
The Court will consider whether the Danish Customs and Tax Administration’s (“SKAT”) claims for the recovery of tax refunds made to the appellants are not admissible before the English courts by reason of Rule 3(1) of Dicey, Morris & Collins on the Conflict of Laws, which says that “English courts have no jurisdiction to entertain an action… for the enforcement, either directly or indirectly, of a penal, revenue or other public law of a foreign… [read post]
30 Jun 2023, 12:00 am by Lawrence Solum
The single arbitrator would then be chosen from this short-list of 3, by the arbitral institution, using an independent fair, random, 3-way "coin-toss" type mechanism . [read post]
29 Jun 2023, 3:11 am by Jan von Hein
In so far, Art. 13 ss 3 no 1 affects unconstitutionally Art. 6 ss 1 Basic Law. [read post]
28 Jun 2023, 8:20 pm by Jacob Katz Cogan
The latest issue of the Journal of World Investment & Trade (Vol. 24, no. 3, 2023) is out. [read post]
28 Jun 2023, 6:25 am by Second Circuit Civil Rights Blog
That's how this case reaches the Supreme Court.Writing for a 6-3 majority, Justice Kavanaugh says that the Federal Arbitration Act requires that all proceedings in federal court be stayed while the interlocutory appeal on arbitrability is pending. [read post]
26 Jun 2023, 3:04 pm by Simon Lester
For example, article XXV (3) and (4) call for one vote per nation and decisions to be taken by majority vote. [read post]