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21 Mar 2011, 3:00 am by Guest Blogger
Bell has reiterated and elaborated on these points ever since. [read post]
20 Mar 2011, 1:32 am by Kevin Healey
Continuing with that theme, is a Tennessee case dealing with a “failure to procure” claim.In Morrison v. [read post]
19 Mar 2011, 8:21 am by Yaaser Vanderman
The Supreme Court recently delivered judgment in the case of Patmalniece (FC) v SoS for Work and Pensions. [read post]
15 Mar 2011, 2:54 am by Andrew Lavoott Bluestone
To reiterate, in a medical malpractice action, a plaintiff opposing a defendant physician's motion for summary judgment must only submit evidentiary facts or materials to rebut the defendant's prima facie showing (see Alvarez v Prospect Hosp., 68 NY2d at 324). [read post]
10 Mar 2011, 6:17 am
See id. at 239 (reiterating that wholly conclusory statement is inadequate to allow independent determination of probable cause (citing Nathanson v. [read post]
8 Mar 2011, 12:43 pm by Laura Moye
Davis’ legal team contends that the standard that was applied – “clear and convincing evidence in light of both the old evidence and new evidence presented at the hearing” – had been rejected by the Court in an earlier case as too strict for an actual innocence claim (Schlup v. [read post]
8 Mar 2011, 2:14 am
In particular the texts of the Trade Mark Directive and the Community Trade Mark Regulation should be rewritten to match what the Court of Justice said they actually meant in eg Case C-292/00 Davidoff v Gofkid [we've all got used to the law now, so it would be a shame to spoil things by changing it -- but hasn't the ECJ's ruling in Davidoff done quite a bit to clutter the register by extending trade mark protection way past that which the law explicitly provided?] [read post]