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24 May 2021, 3:56 am by Peter Mahler
Common-Law Dissolution Plaintiff Loses Fight Over Venue Last year I wrote about a federal court’s first-impression decision in Busher v Barry in which it applied the Burford abstention doctrine to dismiss, without prejudice to refiling in state court, the minority shareholders’ claim for common-law dissolution. [read post]
23 May 2021, 8:37 am
That missionary role is especially evident in the context of European relations with states at the initial phases of development and with Marxist Leninist States. [read post]
22 May 2021, 2:46 pm
  However, that does not entail preservation of all the elements of which the system consists: cf Secretary for Justice v Lau Kwok Fai & Anor[39]; applied in Catholic Diocese of Hong Kong v Secretary for Justice[40] ; (b) there is no challenge to the constitutionality of NSL 46(1); and (c) in view of: (i) the special status of the NSL as a national law enacted with a specific purpose of safeguarding national security; and (ii) the… [read post]
21 May 2021, 5:14 am by CMS
The court’s analysis begins by referring to the principles of construction set out by Lord Hodge in Wood v Capita Insurance Services Ltd [2017] UKSC 24, noting that the process of construction will involve considering the words used in their “documentary, factual and commercial context. [read post]
21 May 2021, 4:00 am by Public Employment Law Press
Citing Newsday Inc. v Long Island Typographical Union No. 915, CWA, AFL-CIO, 915 F2d at 844-845, the Appellate Division noted that the United States Court of Appeals, Second Circuit, held that an arbitral award was properly vacated under the public policy exception where an arbitrator reinstated a terminated employee who had engaged in multiple acts of sexual harassment. [read post]