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10 Feb 2007, 6:02 pm
"[18] In deciding that "voluntary" meant "without undue mental strain," the Henn court observed:[The offer p]rovided the employee may decline the offer [but] the offer makes him better off. [read post]
9 Feb 2007, 9:14 pm
P. 12(b)(6), asserting a fair use defense. [read post]
7 Feb 2007, 9:48 pm
Individualized issues that remain - no matter how extensive - are essentially ignored. [read post]
6 Feb 2007, 10:53 am
Morgan Prewett is a 30-page opinion, including a concurring opinion beginning on p. 23. [read post]
5 Feb 2007, 7:43 am
He briefly explained the matter to me, and I too had no original ideas to offer. [read post]
2 Feb 2007, 3:55 pm
Law Judge Joel P. [read post]
31 Jan 2007, 4:26 am
You should use this citation whenever you cite the opinion, with a P.3d parallel citation. [read post]
31 Jan 2007, 12:55 am
" See also Fed.R.Civ.P. 83(b). [read post]
E.D.N.Y. Notes Split Re Proper Rule 12 Clause for Dismissing Claims Based on Forum Selection Clauses
30 Jan 2007, 5:07 am
P'ship, 740 F.2d 148, 152 (2d Cir.1984), and other Circuits have used Rule 12(b)(6). [read post]
E.D.N.Y. Notes Split Re Proper Rule 12 Clause for Dismissing Claims Based on Forum Selection Clauses
30 Jan 2007, 12:11 am
P'ship, 740 F.2d 148, 152 (2d Cir.1984), and other Circuits have used Rule 12(b)(6). [read post]
28 Jan 2007, 11:42 pm
Criminal Sanction Impact.01/23/07 referred to codesLAW / CORRECTNSA3198
Pretlow (MS) -- Requires parolees who violate the terms of their release to be placed in the custody of the department of correctional services; repealerSUMM : Amd S259-i, rpld sub 3 P(a) subP (ii), Exec L Provides upon finding of reasonable cause that a parolee has violated the conditions of his or her release, such parolee shall immediately be placed in the custody of the department of correctional service for… [read post]
26 Jan 2007, 8:40 am
§ 39-14-203(b)(vi)(D) must be strictly construed.Chevron U.S.A., Inc. presents the following issues: Whether the Board erred as a matter of law in concluding that Wyo. [read post]
25 Jan 2007, 12:48 am
The "it," of course, is negligence per se based upon claims that the defendant somehow violated the Food, Drug & Cosmetic Act ("FDCA").Pull up a cyberchair and pay attention because we're going to explain some ways of defeating such claims - as a matter of law - that you probably haven't considered.First, a little bit on why FDCA-based negligence per se is so dangerous and difficult a cause of action to deal with. [read post]
18 Jan 2007, 9:44 am
So, starting a few months ago, Trump’s lawyer began notifying the buyers that their deals are null and void “in accordance with our rights under the contract, including, without limitation, paragraph 12 (b)” (cited below): *MOUSE PRINT: Paragraph 12 (b): If seller defaults on any of seller’s covenants or obligations hereunder, and such default is caused by matters beyond seller’s reasonable control, then purchaser’s sole and exclusive… [read post]
18 Jan 2007, 6:18 am
You should use this citation whenever you cite the opinion, with a P.3d parallel citation. [read post]
17 Jan 2007, 1:11 pm
P. 54(b).First, the court concludes that the non-diverse interveners did not divest the federal court of subject matter jurisdiction. [read post]
17 Jan 2007, 9:58 am
" In Scott B. [read post]
16 Jan 2007, 3:35 am
The first element in each code is a letter identifying the corresponding area of law - "L" for litigation, "C" for counseling, "B" for bankruptcy, and "P" for projects - or a general cost type - A for activity or E for expense - as discussed in more detail below. [read post]
16 Jan 2007, 1:38 am
Grant, JudgeRepresenting Appellants (Defendants): Peter B. [read post]
13 Jan 2007, 3:00 pm
B. [read post]
