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16 Jun 2009, 9:01 pm
On this reading, the President would not violate his own oath to preserve, protect and defend the Constitution by executing (i.e., enforcing or defending) a statute that he thinks is unconstitutional because the Constitution does not regard him as having any independent duty of constitutional interpretation. [read post]
9 Jun 2009, 12:27 pm
But, even if it does not, Kagan wrote, “the delay sanctioned by a stay would result in irreparable harm to the debtors [Chrysler and its subsidiaries] and the public interest. [read post]
8 Jun 2009, 12:22 pm
The argument that there is no underlying obligation for plaintiff to pay the amount of the write-offs and, therefore, the plaintiff should not be allowed to benefit from a non-existent debt, fa[i]ls because the effect of this reasoning results in a diminution of the tortfeasor's liability vis-Ã -vis an insured victim when compared with the same tortfeasor's liability vis-Ã -vis an uninsured victim. [read post]
8 Jun 2009, 12:22 pm
The argument that there is no underlying obligation for plaintiff to pay the amount of the write-offs and, therefore, the plaintiff should not be allowed to benefit from a non-existent debt, fa[i]ls because the effect of this reasoning results in a diminution of the tortfeasor's liability vis-Ã -vis an insured victim when compared with the same tortfeasor's liability vis-Ã -vis an uninsured victim. [read post]
4 Jun 2009, 7:50 am
The facts are not sufficiently described to make any judgments here visa-vi the above issues. [read post]
2 Jun 2009, 7:00 am
VI. [read post]
1 Jun 2009, 11:00 pm
Without more, photographs of six third-party teddy bears wearing duffle coats and hats or hoods does not weaken opposer's mark.He disagreed with the majority's conclusion that "Teenie Weenie Bear" is the dominant element of Applicant's mark, instead finding "that the bear design is the dominant element because of the size and placement of name vis-a-vis the design and that, therefore, the name identifies the design. [read post]
1 Jun 2009, 5:00 am
Even if this case, indeed, does not settle, the plaintifffs will benefit from the MDL process: they will not bear the burden of having to engage on their own, and at their sole expense, in discovery vis-a-vis Baxter. [read post]
29 May 2009, 12:41 am
But the Court, as the principal judicial organ of the United Nations, does not have to follow that course. [read post]
27 May 2009, 5:28 pm
How does Scalia attack the reasoning of Jackson? [read post]
27 May 2009, 4:11 am
That a rule is denominated jurisdictional does not provide a court an excuse to avoid the obligation to enforce federal law if the rule does not reflect the concerns of power over the person and competence over the subject matter that jurisdictional rules are designed to protect.The court pointed out that if Haywood had attempted to sue a police officer for damages under §1983, the suit would be properly adjudicated by a state supreme court. [read post]
23 May 2009, 5:39 pm
It also states that at the exit level of professional courses, no marked difference exists between the performance of reserved category students vis-Ã -vis the general category is noted and hence quotas have not diluted merit in engineering institutions. [read post]
22 May 2009, 6:12 am
Does this show a turning against the theory that UGC sites are "complicit" with the infringing activities of their users and not deserving of immunity under Art 14, since their revenue is derived in part from such activity and they may have constructive knowledge thereof? [read post]
21 May 2009, 7:31 am
Moreover, the statement he made to the police during his pre-trial detention was not the sole basis for his conviction, and he had had the opportunity of challenging the prosecution's allegations under conditions which did not place him at a substantial disadvantage vis-Ã -vis his opponent. [read post]
19 May 2009, 1:27 pm
Configuring something at 2AM on the weekend, after being in the office for 14 hours does not lead to the most careful testing of the configuration. [read post]
18 May 2009, 6:10 am
Part VI concludes. [read post]
16 May 2009, 11:38 am
Section 23 provides:Jurisdiction23.(1)The Small Claims Court,(a) has jurisdiction in any action for the payment of money where the amount claimed does not exceed the prescribed amount exclusive of interest and costs; and(b) has jurisdiction in any action for the recovery of possession of personal property where the value of the property does not exceed the prescribed amount. [read post]
16 May 2009, 7:33 am
., an estimate of the number of jobs created and retained); (vi) The names and compensation of the five most highly compensated officers of the contractor for the calendar year in which the contract is awarded if the contractor receives 80 percent and $25 million or more of its annual gross revenues from federal awards and the public does not have access to the information through periodic… [read post]
15 May 2009, 4:14 am
The court noted Maine law generally does not allow emotional damages for contract claims, and does not allow emotional damages for tort claims unless the plaintiff can recover some other damages.As to consumers who had fraudulent charges posted that had since been reversed, the court found that the alleged consequential damages related to those charges – e.g., overdraft fees, loss of accumulated reward points, time spent reversing the charges, temporary lack of… [read post]
12 May 2009, 7:38 am
· Does the material contain a disclaimer, if appropriate? [read post]
