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18 Jun 2011, 6:29 am by Gerard Magliocca
Over on Balkinization, I wrote a post raising questions about the Fifth Circuit’s decision earlier this week in United States v. [read post]
21 Nov 2017, 4:00 am by Public Employment Law Press
The court, citing Gross v New York Times, 82 NY2d 146, explained that as "falsity is a necessary element of a defamation cause of action and only facts 'are capable of being proven false, it follows that only statements alleging facts can properly be the subject of a defamation action.'"In this regard, distinguishing between fact and opinion is a question of law for the courts, to be decided based on "what the average person hearing or reading the communication… [read post]
14 Nov 2018, 11:36 am by Second Circuit Civil Rights Blog
The term also means (1) any agent of such a person, and (2) a State or political subdivision of a State . . . . [read post]
23 Nov 2016, 9:36 am
DocName=075000050HPt%2E+V&ActID=2086&ChapterID=0&SeqStart=6100000&SeqEnd=8350000 [read post]
1 Jun 2012, 9:16 am by Marie Ingham
The case concerns debts owing from a foreign sovereign state and whether assets subject to a Third Party Debt Order (“TPDO”) in the UK are immune to execution by virtue of the State Immunity Act 1978. [read post]
17 Jan 2011, 1:21 am by Marta Requejo
Is that provision also applicable if a ruling in the isolated proceedings for provisional measures in one Member State is not capable of recognition in another Member State within the meaning of Article 21 of Regulation No 2201/2003? [read post]
19 Apr 2010, 11:13 am by Lawrence Cunningham
The same is true for the kind of deal at issue in SEC v. [read post]