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14 Aug 2017, 3:00 am
., 12 Ohio St.3d 27, 465N.E.2d 392 (1984) set out a test to be used to determine whether a contract provision should be considered liquidated damages (i.e., enforceable) or an unenforceable penalty:“Where the parties have agreed on the amount of damages, ascertained by estimation and adjustment, and have expressed this agreement in clear and unambiguous terms, the amount so fixed should be treated as liquidated damages and not as a penalty, if the damages would be (1)… [read post]
14 Aug 2017, 3:00 am
., 12 Ohio St.3d 27, 465N.E.2d 392 (1984) set out a test to be used to determine whether a contract provision should be considered liquidated damages (i.e., enforceable) or an unenforceable penalty:“Where the parties have agreed on the amount of damages, ascertained by estimation and adjustment, and have expressed this agreement in clear and unambiguous terms, the amount so fixed should be treated as liquidated damages and not as a penalty, if the damages would be (1)… [read post]
11 Aug 2017, 9:09 am by Rachel Sandler
§102(a)(1) does not cover non-public uses or non-public sales,” and “otherwise available to the public” is an added “modifier . . . restrict[ing] the meaning of the preceding clause. [read post]
10 Aug 2017, 3:41 pm
| the special world of pesticide products, counterfeits and parallel imports | New CJEU reference ... asking whether InfoSoc Directive envisages digital exhaustion | Freedom of panorama in Italy: does it exist? [read post]
9 Aug 2017, 5:53 am
  It was reported on 27 July 2017 that the Civil Society Focal Group on Business and Human Rights in Mexico declined to endorse the draft Mexican NAP.The non-endorsement letter follows (in English).The non-endorsement letter ought to be carefully considered for a few reasons, which I briefly reference here:1. [read post]
7 Aug 2017, 6:47 am by Francis Pileggi
Aug. 1, 2017), the Delaware Supreme Court reversed and remanded the Court of Chancery’s ruling, finding that the trial court abused its discretion in allocating a diminished weight to the deal price. [read post]
6 Aug 2017, 1:14 pm
   But how does one calculate the damages caused by the injunction, and what information should be disclosed to facilitate that process? [read post]
5 Aug 2017, 11:50 am by Wolfgang Demino
But— as the Attorney Defendants readily admit—this exception, which applies only to specially defined "real property liens," does not cover the condo association's contractually created assessment lien. [read post]
4 Aug 2017, 7:15 am by Sander van Rijnswou
The decision does not contest that the post-published documents show that this compound works, indeed works very well. [read post]
3 Aug 2017, 4:52 pm by Bill Marler
These vaccines provide long-term protection against HAV infection.[6 Hepatitis A is the only common vaccine-preventable foodborne disease in the United States.[7] This virus is one of five human hepatitis viruses that primarily infect the human liver and cause human illness.[8] Unlike hepatitis B and C, hepatitis A does not develop into chronic hepatitis or cirrhosis, which are both potentially fatal conditions.[9] Nonetheless, infection with the hepatitis A virus (HAV) can lead to acute… [read post]
3 Aug 2017, 4:52 pm by Bill Marler
These vaccines provide long-term protection against HAV infection.[6 Hepatitis A is the only common vaccine-preventable foodborne disease in the United States.[7] This virus is one of five human hepatitis viruses that primarily infect the human liver and cause human illness.[8] Unlike hepatitis B and C, hepatitis A does not develop into chronic hepatitis or cirrhosis, which are both potentially fatal conditions.[9] Nonetheless, infection with the hepatitis A virus (HAV) can lead to acute… [read post]