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9 Mar 2021, 10:12 am
Thus, even though a plaintiff need not prove a §1346(b)(1) jurisdictional element for a court to maintain subject-matter jurisdiction over his claim, because King’s FTCA claims failed to survive a Rule 12(b)(6) motion to dismiss, the court also was deprived of subject-matter jurisdiction. [read post]
9 Mar 2021, 9:39 am
Roger Smith sums up the concept as follows: Legal design is a distinctive approach with the following attributes: 1. [read post]
9 Mar 2021, 3:41 am
In any case (at [46]):in order to ensure legal certainty and the smooth functioning of the internet, the copyright holder cannot be allowed to limit his or her consent by means other than effective technological measures, within the meaning of Article 6(1) and (3) of Directive 2001/29 (see, in that regard, judgment of 23 January 2014, Nintendo and Others, C‑355/12, EU:C:2014:25, paragraphs 24, 25 and 27). [read post]
9 Mar 2021, 3:30 am
Vicor Corp., No. 2019-1704, ___ F.3d ___, 2021 USPQ2d 208, at *12 (Fed. [read post]
9 Mar 2021, 2:06 am
The ECJ has held so for decades, starting with Tessili (Case C-12/76, ECLI:EU:C:1976:133, at 13). [read post]
8 Mar 2021, 11:04 am
If the bill becomes law as it is currently drafted, AB 1179 would take effect beginning January 1, 2022. [read post]
8 Mar 2021, 9:06 am
Wednesday, March 10, 2021, at 1:30 p.m.: The House Foreign Affairs Committee will hold a hearing on the Biden administration's foreign policy priorities. [read post]
8 Mar 2021, 7:40 am
The 12 Months Within 14 Months Rule F-1 students can generally participate in an initial 12-month period of OPT employment after graduating, but that period must be completed within 14 months of the end of their degree programs. [read post]
7 Mar 2021, 7:01 am
Montoya Alvarez, 572 U.S. 1 (2014); Alcala v. [read post]
6 Mar 2021, 12:51 pm
It is clear that the full rent is the maximum that can be ordered to be repaid, but, absent a conviction and the application of section 46(1), the UT apparently does not think that setting the full rent as the ‘starting point’ is the correct application of the FTT’s discretion. [read post]
5 Mar 2021, 9:27 am
” Slip Op. at 12. [read post]
5 Mar 2021, 4:00 am
The court explained that the federal preemption doctrine has its roots in the Supremacy Clause of the United States Constitution, and federal preemption of state laws generally can occur in three ways: 1. [read post]
4 Mar 2021, 5:22 pm
§ 1341(a)(1)), although the Court found it need not reach this issue to uphold the validity of the board’s subsequent WDRs issued under independent Porter-Cologne Act authority. [read post]
4 Mar 2021, 12:48 pm
The Court’s review of the expert’s full testimony in proper context showed that the expert appropriately provided the jury with an opinion, based on her expertise, that a lack of physical findings of sexual abuse does not generally correlate with an absence of sexual abuse. [read post]
4 Mar 2021, 12:04 pm
The bill, in its current form, does not define how “close” an association must be to be considered the “equivalent of a family relationship. [read post]
4 Mar 2021, 10:13 am
’s and respondent’s B-2 visas expired on January 1, 2020. [read post]
3 Mar 2021, 2:00 pm
Session #1: NAD at 50 Tuesday, April 13, 2021 | 12:00 p.m. [read post]
3 Mar 2021, 11:37 am
The Court noted, however, that statutory exceptions to the final judgment rule, enumerated in CJP §12-303 allowed for interlocutory appeal of orders “for the sale, conveyance, or delivery of…personal property or payment of money…”. [read post]
3 Mar 2021, 11:22 am
The charging stage in France comes earlier in the criminal process than it does here. [read post]
3 Mar 2021, 10:22 am
SSA 5-step process and analysis Step 1: SSA looks at whether or not you are working. [read post]
