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23 Jul 2020, 4:00 am by Jon L. Gelman
Intentional Tort ClaimsTo circumvent the workers’ compensation “Exclusivity Bar”, the employer must have committed an act that intentionally harmed the employee.7C. [read post]
12 Jul 2020, 5:24 pm by Robert L. Abell
§§ 922(g) (felon in possession of firearms) and 922(j) (knowingly trafficking in stolen firearms). [read post]
7 Jul 2020, 8:24 am by Eugene Volokh
But this needed reckoning has also intensified a new set of moral attitudes and political commitments that tend to weaken our norms of open debate and toleration of differences in favor of ideological conformity. [read post]
24 Jun 2020, 2:28 pm by Eugene Volokh
["Publicly expressing anger toward an elected official is not a basis for entry of an injunction. [read post]
17 Jun 2020, 1:12 am by Michael Douglas
Thus, in [Rinehart v Welker (2012) 95 NSWLR 221] at [122], Bathurst CJ, although not eschewing the liberal approach that had been adumbrated in both Francis Travel and Comandate to the construction of arbitration clauses, rejected the adoption of a presumption … the presumption was that the court should, in the construction of arbitration clauses, “start from the assumption that the parties, as rational businessmen, are likely to have intended any dispute arising out of the relationship… [read post]
11 Jun 2020, 9:13 am by Elliot Setzer
(NEA), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, I, DONALD J. [read post]
7 Jun 2020, 1:17 am by Schachtman
Accepting the “tainted” evidence generated by the unlicensed practice of medicine would contravene public policy.[12] Although the challenged physician had committed a criminal offense under Washington law, Judge Armstrong did not refer the matter to the King County prosecutor. [read post]
28 May 2020, 1:02 pm by Emma Zack
In fact, success hinged upon the very intervention of a scientist as committed, passionate and esteemed as Dr. [read post]
28 May 2020, 5:29 am by Schachtman
Of course, a challenge may be solely focused upon the expert witness’s credibility, such as when an expert witness testifies on many occasions only for one side in similar disputes, or for one whose political commitments render him unable to acknowledge the bona fides of any studies conducted by the adversarial parties.[1] If, however, the Rule 702 challenge stated an objection to the witness’s methodology, then the objection would count against both the opinion’s weight… [read post]