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27 Feb 2023, 2:17 am by Matrix Legal Support Service
The case concerns whether the Supreme Court should depart from the judgment of the House of Lords in Buchanan (under the Practice Statement (Judicial Precedent) [1966] 1 WLR 1234) and hold that excise duty payable in respect of goods which are stolen in the course of international carriage by road cannot be claimed under Article 23(4) of the CMR because excise duty does not fall within the words “carriage charges, Customs duties and other charges incurred in respect of the… [read post]
27 Feb 2023, 2:00 am by Anna Maria Stein
In particular, the Board of Appeal took the view that the sign would be understood by the relevant public as an advertising slogan and not as an indication of the origin of the goods. [read post]
27 Feb 2023, 12:00 am by Giorgio Luceri
Both applications covered goods in class 12, that is vehicles and means of transport, and associated parts. [read post]
26 Feb 2023, 6:30 am
Delaware Supreme Court Enforces Partnership Agreement’s Unambiguous Exculpation Provision Waiving Fiduciary Duties and Presuming Good Faith When Relying on Advice of Counsel in Reversing $690 Million Damages Award to Minority Investors of Boardwalk Pipeline Partners LP On December 19, 2022, Chief Justice Seitz issued an opinion for a unanimous Delaware Supreme Court, sitting en bane, reversing and remanding the Delaware Court of Chancery’s decision in Bandera Master Fund LP… [read post]
26 Feb 2023, 6:30 am
Delaware Supreme Court Enforces Partnership Agreement’s Unambiguous Exculpation Provision Waiving Fiduciary Duties and Presuming Good Faith When Relying on Advice of Counsel in Reversing $690 Million Damages Award to Minority Investors of Boardwalk Pipeline Partners LP On December 19, 2022, Chief Justice Seitz issued an opinion for a unanimous Delaware Supreme Court, sitting en bane, reversing and remanding the Delaware Court of Chancery’s decision in Bandera Master Fund LP… [read post]
26 Feb 2023, 6:00 am by Lawrence Solum
The general will (like public reason) is concerned with the good of all; whereas, the individual will (like private reason) is concerned with the good of the individual. [read post]
25 Feb 2023, 6:50 pm by admin
Selikoff perpetuated a good deal of mischief and misinformation to keep his myth that all fiber types are the same (and that “asbestos is asbestos is asbestos”). [read post]
25 Feb 2023, 12:45 pm by Public Employment Law Press
Rather, his admissions that he shouted a profanity at a superior officer when she ordered him to report to the NYPD Medical Division and failed to attempt to comply with the lawful order, demonstrated a good faith and rational basis for his termination, entitling respondents' determination to "substantial deference" (Matter of Batista v Kelly, 16 AD3d 182 [1st Dept 2005]). [read post]
25 Feb 2023, 12:45 pm by Public Employment Law Press
Rather, his admissions that he shouted a profanity at a superior officer when she ordered him to report to the NYPD Medical Division and failed to attempt to comply with the lawful order, demonstrated a good faith and rational basis for his termination, entitling respondents' determination to "substantial deference" (Matter of Batista v Kelly, 16 AD3d 182 [1st Dept 2005]). [read post]
25 Feb 2023, 10:46 am by Eric Goldman
This is supposed to be one of the things they are really good at doing. [read post]
25 Feb 2023, 12:09 am by Florian Mueller
It would take DMCA-style legislation (even going beyond the DMCA in my opinion), but the ECJ may just decide to legislate from the bench as it did when it held website operators liable for copyright infringements on third-party websites they link to (good for right holders) or when it declared a programming language unprotectable regardless of the level of creativity (SAS Institute v. [read post]