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14 Oct 2018, 9:44 am
If such an element of realism is incorporated regardless of the extent of evidence adduced therein, there may potentially be situations where findings resulting from “realism” may not sit well with other evidence adduced (such as survey evidence of confusion). [read post]
18 Nov 2013, 3:17 pm
Similarly, the court need not accept at face value the allocation of risk factor points by the Board, even where there has been no challenge. [read post]
8 May 2020, 1:05 pm
To deny the government’s current motion, in other words, Judge Sullivan would have to distinguish this case from broad and controlling precedent. [read post]
18 Nov 2012, 6:00 am
"But Khouli's lawyer argues in court papers that similarly situated defendants have not received sentences of imprisonment. [read post]
26 May 2018, 5:03 am
However, this subject might escape liability in a number of situations as per Art 13(4). [read post]
15 Apr 2024, 9:56 am
However, she argued that she could become a patient again, especially in an emergency situation. [read post]
12 Jun 2015, 2:49 am
It gives parties the right to seek legal advice without having to disclose it to the other side or to the Court. [read post]
7 Feb 2024, 6:31 am
.'" In other words, procedural errors are not always enough, even in a Rule 12 posture. [read post]
13 Mar 2013, 11:50 am
To state a claim under Section 1 of the Sherman Act, the complaint must allege sufficient facts — as opposed to mere labels or legal conclusions — making the inference that the plaintiff’s injuries were the result of an unlawful conspiracy more plausible than competing inferences, such as that the injuries result from independent, legitimate business decisions by similarly situated actors. [read post]
30 Apr 2013, 3:07 pm
The conditional incentive awards removed a critical check on the fairness of the class-action settlement, which rests on the unbiased judgment of class representatives similarly situated to absent class members. [read post]
7 Aug 2018, 9:52 am
He began by noting that the Supreme Court granted relief to a similarly situated man in Welch v. [read post]
2 May 2014, 12:30 pm
A mandatory plea bargaining system where the kind of deal received is fortuitous depending upon quality of prosecutor and defense attorney assigned, rather than level of guilt, leads to unequal sentences for similarly situated defendants and, in rare cases, the conviction of the innocent. [read post]
29 Apr 2018, 6:31 am
” Upon reflection, SCOV concludes that this rule is way too vague, and can lead to disparity in treatment for similarly situated defendants (I recommend reading the opinion if you want a couple examples). [read post]
25 Oct 2013, 4:26 pm
Similarly, the notice-and-take-down system did not ensure sufficient protection to third persons. [read post]
16 Oct 2013, 10:00 am
As discussed further below, in each instance, statutory standing was similarly found lacking: The Electronic Communications Privacy Act. [read post]
19 Feb 2019, 9:26 pm
Additionally, the CII reiterated its call for Lyft, and other similarly situated companies, to impose time limits on any multiple class share structures they adopt as part of their IPOs. [read post]
26 May 2018, 8:16 am
Thereappears to be some force to the Union's argument that this disparity violates "the principle ofuniformity and equitable treatment of similarly situated individuals. [read post]
17 Feb 2013, 6:53 pm
By failing to take the purpose of Section 2519 into account in Kite, and even worse, subjecting similarly situated taxpayers to double taxation, the Tax Court did not make this “gut check” and thus may have missed the mark on this one. [read post]
6 Aug 2019, 9:29 pm
This last category is not covered in today's blog post because it is so different than the other four. [read post]
16 May 2016, 6:00 am
Other statements in Chinese media, however, suggest a slightly different motivating concern: national security. [read post]
