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22 Sep 2021, 9:27 am by Joel R. Brandes
Giving due deference to the court’s credibility determinations it concluded that the court did not abuse its discretion in denying defendant’s request for attorney’s fees. [read post]
11 Sep 2021, 8:16 am by Franklin C. McRoberts
Wisdom Import Sales Co., L.L.C. v Labatt Brewing Co., Ltd., 339 F3d 101 [2d Cir 2003] [“bargained-for minority right to participate in corporate management has value in and of itself and a denial of that right, without more, can give rise to irreparable harm”]; Louis Foodservice Corp. v Vouyiouklis, 2002 NY Slip Op 50448 [U] [Sup Ct, Kings County 2002] [“It is well-settled that plaintiffs’ alleged harm, an opportunity for defendants to shift the… [read post]
10 Sep 2021, 8:26 am
Nonetheless, the discussion itself may well have substantial implications for the tenor and trajectories of discussions about complicity as a matter of civil liability and as a factor in the way that complicity is understood both as a moral matter and as part of corporate responsibility to respect human rights under the 2nd Pillar of the UN Guiding Principles for Business and Human Rights and related normative standards. [read post]
7 Sep 2021, 5:00 am by Kristin Parker
Circuits in holding that the “objective reasonableness” standard for determinations of scienter, as set forth by the Supreme Court in Safeco Insurance Co. of America v. [read post]
3 Sep 2021, 7:27 am by jeffreynewmanadmin
Luketich’s practices violate the standard of care and the patients’ trust, and heighten the risk of serious complications. [read post]
27 Aug 2021, 1:14 pm by John Ross
Second Circuit: We might have decided this one differently, but it's an abuse of discretion standard, so what can you do? [read post]
27 Aug 2021, 10:22 am by Eugene Volokh
Yesterday's Washington Supreme Court decision in Stout v. [read post]
25 Aug 2021, 3:02 am by Andrew Lavoott Bluestone
We remit the matter to the Supreme Court, Kings County, for further proceedings on the motions that were denied as academic in light of the court’s determination granting the plaintiff’s motion for summary judgment. [read post]
12 Aug 2021, 2:06 pm by Rebecca Tushnet
Cotter, Nominal Damages—and Nominal Damages Workarounds—in Intellectual Property Law TransUnion v. [read post]