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9 Apr 2021, 6:00 am
Complicating things, in 1995, the Private Securities Litigation Reform Act imposed a further threshold upon plaintiffs in that they must plead a "strong inference" of scienter; and, as held in 2007 by the United States Supreme Court in Tellabs, Inc. v. [read post]
12 Dec 2017, 12:00 pm
” Similarly, there was no discussion of contravening a strong public policy by enforcing the clause. [read post]
30 Aug 2023, 5:10 pm by Evan George
While the decision is only directly enforceable in Montana, it sends a strong message to other states whose constitutions also declare a right to a healthy environment that similar litigation might succeed in their own jurisdictions. [read post]
20 May 2015, 6:00 am by The Public Employment Law Press
In addition, an arbitration award may be vacated pursuant to CPLR §7511(b)(1)(iii) where "an arbitrator . . . exceeded his or her power," which includes those circumstances in which the award "violates strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator's power. [read post]
16 Jun 2010, 12:48 pm by Steve Vladeck
Most media reports and early commentary on Monday’s Supreme Court decision in Holland v. [read post]
27 Jan 2014, 9:06 am by Paul Rosenzweig
The Supreme Court today decided Air Wisconsin v. [read post]
16 Apr 2009, 8:47 am
On Wednesday, April 22, in Ricci v. [read post]
23 Oct 2006, 3:43 am by Tobias Thienel
The doctrine as formulated in past decisions expresses the strong sense of the Judicial Branch that its engagement in the task of passing on the validity of foreign acts of state may hinder rather than further this country’s pursuit of goals both for itself and for the community of nations as a whole in the international sphere. [read post]
This principle, restated in R v Giannetto [1997] 1 Cr App R 1, has attracted strong criticism on the grounds that the dissimilarity between principal and accessory is one of strikingly different factual positions, thereby breach [read post]
1 Sep 2023, 6:06 am by Allen L. Harris
Lanza, District Judge for the United States District Court for the District of Arizona, in Federal Trade Commission v. [read post]