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27 Jan 2016, 3:09 am by Matrix Legal Support Service
On the point of absence of power, Carnwath stated that there was statutory authority provided by the EU Regulation 81, which was given effect by the European Communities Act 1971, to satisfy the principle in Entick v Carrington that interference by the state with individual property rights cannot be justified by the exercise of prerogative powers, unsupported by specific statutory authority. [read post]
1 Jul 2011, 10:06 am by Christopher Brown, Matrix.
Bloomsbury International Ltd v Sea Fish Industry Authority and DEFRA [2011] UKSC 25 has its origins in a claim brought by importers unhappy with the imposition of a levy. [read post]
31 Jul 2018, 8:12 am by Overhauser Law Offices, LLC
Philpot offered the use of this photograph under a Creative Commons license, which allows members of the public to use the photo as long as Philpot is given proper credit among other requirements. [read post]
16 Oct 2008, 6:39 am
The Biogen spokeswoman tells us that, given the drug's complicated history, any inadvertent reactions Baron may experience could, theoretically, jeopardize its use for multiple sclerosis and Crohn's patients if it would somehow cause labeling to change or spark another regulatory review. [read post]
11 Feb 2010, 3:31 am by Russ Bensing
  A year ago the US Supreme Court held in Oregon v. [read post]
24 Jun 2022, 9:02 pm by Public Employment Law Press
"[F]ederal constitutional claims may not be asserted in the Court of Claims, given that the statutory basis for such claims, 42 USC § 1983, authorizes claims only against a 'person' and defendant is not a person within the meaning of this statute" (Oppenheimer v State of New York, 152 AD3d 1006, 1008 [2017]; accord Moreland v State of New York, 200 AD3d 1362, 1365 [2021], lv denied 38 NY3d 906 [2022]; see Will v Michigan Dept. of State… [read post]
24 Jun 2022, 9:02 pm by Public Employment Law Press
"[F]ederal constitutional claims may not be asserted in the Court of Claims, given that the statutory basis for such claims, 42 USC § 1983, authorizes claims only against a 'person' and defendant is not a person within the meaning of this statute" (Oppenheimer v State of New York, 152 AD3d 1006, 1008 [2017]; accord Moreland v State of New York, 200 AD3d 1362, 1365 [2021], lv denied 38 NY3d 906 [2022]; see Will v Michigan Dept. of State… [read post]
24 Jan 2010, 10:30 am by Howard Friedman
However he failed to name defendants that were responsible for obstructing his ability to use the chapel. [read post]
11 Feb 2014, 8:09 am
 Whereas Weird Al’s Grammy-winning song fits snugly within the parody definition (and Yankovic always seeks permission, in order “to maintain relationships”), Dumb Starbucks position is questionable.ParodyIn the landmark decision addressing fair-use in Campbell v Acuff-Rose Music, Inc the US Supreme Court stated that parody "is the use of some elements of a prior author's composition to create a new one that, at… [read post]
27 Dec 2010, 7:12 am
Cardiello – New Jersey Supreme Court rejected the usually broad interpretation of "arising out of" as used in an insurance policy exclusion. [read post]