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9 Feb 2022, 5:00 pm
Does the victim want jail? [read post]
9 Feb 2022, 4:31 pm
§ 1395nn (a)(2). [read post]
9 Feb 2022, 12:36 pm
” This duty can arise when the undisclosed information “cause[s] an unreasonable safety hazard” or when (1) the omission is material, (2) the defect is central to the product’s function, and (3) one of the following is the case: (a) the defendant is the plaintiff’s fiduciary; (b) the defendant has exclusive knowledge of material facts not known or reasonably accessible to the plaintiff; (c) the defendant actively conceals a material… [read post]
9 Feb 2022, 11:42 am
Marlene Gebauer 2:48 Absolutely. [read post]
9 Feb 2022, 8:43 am
Sixth, closely related, the overarching question of extraterritoriality is a very significant issue in a case like this, and by that I mean both the question of getting personal jurisdiction over a foreign defendant, and the bigger question of does US law even apply? [read post]
9 Feb 2022, 8:26 am
In a 2-1 decision, the Second Circuit panel disagreed. [read post]
9 Feb 2022, 6:10 am
2. [read post]
9 Feb 2022, 4:05 am
“If we can say that a 2-year-old was complicit in (Smith’s) sexual conduct, what does that say for older survivors? [read post]
8 Feb 2022, 2:31 pm
The impact on the company was something of a second-level knock on effect, but it still does show how cybersecurity conditions can affect companies – and can lead to securities suits. [read post]
8 Feb 2022, 12:44 pm
In short, according to the majority, the appellate court does indeed “make an independent examination of the whole record in order to make sure that the judgment does not constitute a forbidden intrusion on the field of free expression,” but at the same time the court does not “ignore a trial court’s factual determinations. [read post]
8 Feb 2022, 11:18 am
The defendants opposed the motion. [read post]
8 Feb 2022, 10:55 am
The State’s rush to set an execution date where there exists a strong innocence claim is alarming,” said Tivon Schardl, Chief of the Capital Habeas Unit of the Federal Defender for the Western District of Texas, and one of Melissa’s attorneys. [read post]
8 Feb 2022, 10:29 am
And the determination of what’s obscene does not depend on whether children see the material. [read post]
8 Feb 2022, 9:54 am
To expand on the (tortured, as social media tends to be) analogy I posted on Twitter, let’s say that your client has asked you to argue that 2 + 2 does not equal 4. [read post]
8 Feb 2022, 9:45 am
" Nor does it mean, as it tends to mean in colloquial contexts, an intent or desire to hurt another. [read post]
8 Feb 2022, 8:12 am
[2] See 564 U.S. at 354 (2011) [read post]
8 Feb 2022, 6:00 am
Note: Chapter 40, Section 1; Chapter 42, Section 2; Chapter 46, Section 2; and Chapter 47, Sections 1 and 2 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. [read post]
8 Feb 2022, 5:32 am
Nature, he explained, does not distinguish between good persons and bad ones. [read post]
8 Feb 2022, 4:00 am
We next hear of Jerry’s case as he does a perp walk for local Illinois TV news cameras, flanked by masked FBI agents. [read post]
8 Feb 2022, 3:47 am
Pavel Vidal has recently published a quite interesting study, "El impacto económico de lassanciones estadounidense a Cuba, 1994-2020" ("The Economic Impact of US sanctions on Cuba 1994-2020"), Documento de trabajo 1/2022 - 7/2/2022 - Real Instituto Elcano. [read post]
