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10 Jan 2022, 2:15 pm
Gilbert, Kelly, Crowley & Jennett LLP (2019) 32 Cal.App.5th 702 (MDQ), a case involving priority between a charging order and a security interest granted by a judgment debtor to his attorneys. [read post]
The court reasoned that the stated contaminants “are associated with traditional environmental pollution damages, not reasonably related to the damages in this case. [read post]
5 Jan 2022, 5:00 pm by Kelly McClure
  In a recent case, a husband appealed the denial of a new trial and challenged the property division in a default divorce. [read post]
2 Jan 2022, 4:01 pm
As its name suggests, the expropriation exception supplies federal courts with jurisdiction over certain cases concerning property taken by a foreign government: A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case . . . in which rights in property taken in violation of international law are in issue and that property or any property exchanged for such property is present… [read post]
2 Jan 2022, 4:00 am by Administrator
Insurance: Imputed & Constructive KnowledgeTrial Lawyers Association of British Columbia v. [read post]
29 Dec 2021, 12:00 pm by Kevin LaCroix
As long-time readers of this blog know, one of the long-range concerns in the D&O insurance industry is the possible exposures of corporate directors and officers to liability claims arising from climate change (as discussed most recently here). [read post]
17 Dec 2021, 3:14 am by Chijioke Okorie
The SCA agreed with the High Court and held that passing-off consists in a representation by one person that his business (or merchandise, as the case may be) is that of another, or that it is associated with that of another, and, in order to determine whether a representation amounts to a passing off, one enquires whether there is a reasonable likelihood that members of the public may be confused into believing that the business of the one is, or is connected with, that of… [read post]
15 Dec 2021, 1:31 pm by Eric Goldman
I’m not aware of any associated perjury prosecutions in the last 23 years, even though I’m sure prosecutors could find violations if they looked hard enough. [read post]
9 Dec 2021, 2:56 pm by Jordan Bierkos
In the 2021 case of Young EnergyServe Inc v LR Ltd,[11]LR Processing Partnership,Young EnergyServe Inc v LR Ltd, LR Processing Partnership, 2021 ABQB 101 (“Young EnergyServe”). [read post]
 Sheppard Mullin partner Don Pelto and associates Kazim Naqvi, Rebecca Mackin, and Tom Carr were also key members of the trial team. [read post]
21 Nov 2021, 9:00 pm by Samuel Estreicher and Ryan Amelio
”[33] To support its position that the balancing requirement does not apply to ETSs, OSHA relies on the Supreme Court’s reasoning in the 1981 Cotton Dust ruling.[34] However, while the Court in that case did hold that a cost-benefit analysis is not required with respect to § 6(b)(5) permanent standards, it did not address whether such an analysis is required with respect to § 6(c) ETSs.[35]Notably, in an ETS challenge decided after the Supreme Court’s Cotton Dust… [read post]
16 Nov 2021, 8:23 am by James O. Birr, III, Esq.
Clement In Isola Bella Homeowners Ass’n, Inc., the Clements (“Homeowners”) installed a fence on their property, which was approved by the Association’s Architectural Review Committee, with an acknowledgement from the Homeowners that the fence would not encroach upon any easement. [read post]
16 Nov 2021, 8:23 am by James O. Birr, III, Esq.
Clement In Isola Bella Homeowners Ass’n, Inc., the Clements (“Homeowners”) installed a fence on their property, which was approved by the Association’s Architectural Review Committee, with an acknowledgement from the Homeowners that the fence would not encroach upon any easement. [read post]