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The Rule 54(b) Trap: Dealing with Non-final Orders in Cases with Multiple Claims or Multiple Parties
15 Nov 2010, 12:27 pm
A prior change to Rule 54 alleviates that problem with respect to John Doe defendants who were named in the lawsuit but who were never known and, thus, never served during the litigation. [read post]
15 Nov 2010, 12:17 pm
The appellant does not have a prima facie case in its favour in view of the above discussion. [read post]
15 Nov 2010, 11:29 am
The difficulty in understanding this arises because untrained intuitive judgment does not incorporate some of the basic statistical principles of probabilistic reasoning. [read post]
15 Nov 2010, 10:25 am
The letter stated:This is to inform you, in connection with the Rome Statute of the International Criminal Court adopted on July 17, 1998, that the United States does not intend to become a party to the treaty. [read post]
15 Nov 2010, 8:34 am
But the provision does not say against whom the relief can be claimed. [read post]
15 Nov 2010, 3:00 am
" The fact that OPH has no manager, Justice Fried adds, does not permit Eldan as majority member to act on OPH's behalf when OPH, as provided in its operating agreement, "is a manager-managed as opposed to member-managed LLC, and such conduct by Eldan would be contrary to that Agreement. [read post]
13 Nov 2010, 8:13 am
If KORUS doesn't get completed soon, then US exporters will be at a serious competitive disadvantage in the Korean market vis a vis their European, Canadian and Australian counterparts. [read post]
12 Nov 2010, 2:43 pm
Further, the Court relied on factor VI from the factors set forth above to determine whether bad faith intent was present. [read post]
12 Nov 2010, 12:46 pm
Does it strike you that there's a lot of talk in the air lately about "happiness" in our profession? [read post]
12 Nov 2010, 10:22 am
., the Delhi High Court has culled out the entire law pertaining to tenancy vis-a-vis the provisions of the Transfer of Property Act;12. [read post]
12 Nov 2010, 7:10 am
" This delay manifests itself in several ways, including the fact that "[Johnny is] very much in his own world, [does] not respond to his name, [does] not make eye contact, and [does] not want to be part of any of the groups that [are] around him. [read post]
10 Nov 2010, 3:01 pm
In other words, is the presence of an effect only a confirmation of novelty of the sub-range, can or should said effect be ignored when assessing novelty, or is the presence of an effect mandatory for establishing a delimitation vis-à-vis the state of the art? [read post]
9 Nov 2010, 4:55 pm
In all likelihood, the result would simply be that the United States would pay more for its imports than it does today — meaning that our trade deficit would get worse, not better. [read post]
8 Nov 2010, 9:31 pm
There's certainly plenty of room for technology to allow consumers to be [further] empowered vis a vis the legal profession. [read post]
8 Nov 2010, 3:01 pm
For these reasons, the principle of proportionality does not apply in the present case. [read post]
8 Nov 2010, 12:55 pm
Nash, of New York, proposing to amend Article VI. of the Constitution with respect to the trial of clergymen, also a second resolution left over from the last General Convention with respect to amending Article VIII. of the Constitution in the direction of greater stringency, also a resolution left over from the last General Convention with respect to amending Article IX. of the Constitution in the direction of greater stringency, also certain resolutions of Mr. [read post]
8 Nov 2010, 4:28 am
This does not make me blind, however. [read post]
7 Nov 2010, 5:46 am
Section 18-1002 does not grant standing to creditors.... [read post]
5 Nov 2010, 6:26 am
For example, does the Amendment preclude state judges from looking to foreign law to interpret the meaning to give to a U.S. treaty obligation? [read post]
4 Nov 2010, 10:45 pm
The point may be devoid of substance semantically speaking, but in terms of practical implementation of its statutory powers the bolstering of tenants’ home rights against other occupiers’ rights to be protected from anti-social behaviour or crime, or indeed conflicting rights to accommodation, refurbishment and any of the other obligations of the council vis a vis its tenants is likely to skew the balance between these interests as local authorities boiler plate their… [read post]
