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18 Mar 2011, 1:15 pm by Peggy McGuinness
But it accepted that the State (here Italy) believed that the crucifix was a symbol with multiple meanings, some of which were foundational as to its civic traditions, and…and here is the key…"the decision whether or not to perpetuate a tradition falls in principle within the margin of appreciation of the respondent State. [read post]
15 Jul 2024, 11:52 am by Bruce Zagaris
Under these terms, “hostage diplomacy” becomes a mode of communication for these states. [read post]
15 Jul 2024, 11:52 am by Bruce Zagaris
Under these terms, “hostage diplomacy” becomes a mode of communication for these states. [read post]
2 Aug 2011, 3:23 am
Citing Braxton v Mendelson, 233 NY 122, the court said that a number of elements may be helpful in attempting to decide the question. [read post]
28 Nov 2012, 9:01 pm by Marci A. Hamilton
On November 19, the United States Court of Appeals for the Second Circuit considered a case that is at the heart of the cultural struggle over entitlements for religious organizations: Bronx Household of Faith v. [read post]
12 Jul 2010, 5:03 am
Inasmuch as plaintiffs elected to accept the settlement without asserting their current claim that they were entitled to an additional amount representing the architectural and engineering fees, the settlement gave rise to an accord and satisfaction (see Gimper, Inc. v Giacchetta, 221 AD2d 682, 684 [1995]; Hemingway v State Farm Fire & Cas. [read post]
28 Apr 2019, 7:45 am
   The leading case in the UK post pregabalin is Eli Lilly v Genentech [2019] EWHC 387, where Arnold J also found that the plausibility threshold was not met.The key take home message is that plausibility is alive and well in the UK. [read post]
29 Mar 2011, 7:05 am by Nabiha Syed
WSJ Law Blog notes “another odd twist in an already odd case”: Georgia prosecutors cannot schedule Davis’s execution “because federal regulators have seized the state’s entire supply of a key lethal injection drug”; the Associated Press also has coverage of the story. [read post]
5 Jun 2008, 12:56 pm
If the FDA has already reviewed the risk at issue and has approved labeling that deals with it, state law cannot deem inadequate the labeling that the FDA approved.The key here is something we first posted about over a year ago, and that's the clear regulatory history that limits to new information the "changes being effected" ("CBE") exception to FDA pre-approval. [read post]
11 Nov 2010, 2:25 pm
The judge's exclusion was based on the 1986 Connecticut Supreme Court case State v. [read post]
23 Jan 2009, 5:26 am
Illinois, 431 U.S. 720 (1977), but these types of claims can be made under state antitrust laws, per Associated General Contractors v. [read post]
17 Feb 2017, 5:30 am by Kenneth J. Vanko
I will be presenting with John Marsh on the topic "The Search for Uniformity and Understanding: Reconciling Differences Among the States. [read post]