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13 Sep 2023, 5:25 am
“Collateral estoppel precludes a party from relitigating in a subsequent action or proceeding an issue raised in a prior action or proceeding and decided against that party or those in privity” (Buechel v Bain, 97 NY2d 295, 303 [2001], cert denied 535 US 1096 [2002]). [read post]
13 Sep 2023, 12:59 am
Particularly, under Novartis v. [read post]
12 Sep 2023, 7:35 pm
You too may change your mind! [read post]
12 Sep 2023, 2:53 pm
This type of approach is common amongst employers, so the ET’s finding that the respondent in this case had not taken ‘all reasonable steps’ acts as an important reminder to employers that making use of the reasonable steps defence is often not as simple as that and employers may not be being as ‘reasonable’ as they think they are. [read post]
12 Sep 2023, 1:06 pm
The defendant relied on State v. [read post]
12 Sep 2023, 12:39 pm
Polansky v. [read post]
12 Sep 2023, 10:47 am
Apple Inc. v. [read post]
12 Sep 2023, 9:16 am
In Free Holdings v. [read post]
12 Sep 2023, 8:48 am
The judges referred to the CJEU decision in Parfums Christian Dior v Evora (C-337/95), which found that damage to the reputation of a trade mark can be a legitimate reason within the meaning of the provision. [read post]
12 Sep 2023, 6:30 am
" (Ibid., ¶30 iii - v). [read post]
12 Sep 2023, 5:06 am
Criminal Proceedings v College Disciplinary Hearings If you are a college student charged with, or being investigated for, a criminal offense you may be facing both the criminal court process as well as a college disciplinary hearing. [read post]
12 Sep 2023, 5:00 am
Although there has been a great deal of conversation about this decision in relation to the Dobbs v. [read post]
12 Sep 2023, 4:52 am
In Cooling v. [read post]
12 Sep 2023, 3:30 am
Pat Gudridge In their issue this past May, the editors of the Harvard Law Review included a very useful, very provocative student note entitled “Romer Has It. [read post]
12 Sep 2023, 3:00 am
A party may also move to confirm the appraisal award. [read post]
12 Sep 2023, 2:00 am
Loan Workouts and Exchange Offers Review this practice note for an examination of whether a company may restructure its loans and bond debt. [read post]
11 Sep 2023, 6:16 pm
The proposal concedes that the above presumption does not apply to a criminal case, but "may be useful to courts in criminal cases … when instructing juries regarding permissible inferences. [read post]
11 Sep 2023, 4:41 pm
by Dennis Crouch The Federal Circuit recently issued an important decision regarding the analogous art doctrine in Netflix v. [read post]
11 Sep 2023, 3:00 pm
” In West Virginia v. [read post]
11 Sep 2023, 1:08 pm
Co. v Abeille Gen. [read post]