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21 Oct 2015, 9:11 am
No, the IPKat isn't going into the plumbing business: it's just that his attention has been attracted to another design protection matter that is now heading to the Court of Justice of the European Union (CJEU) for a preliminary ruling, Case C-361/15 P - Easy Sanitary Solutions BV v Group Nivelles. [read post]
19 Oct 2015, 11:22 am
The CAT’s Discretion and Guidance As the rules make clear the CAT will have wide discretion on a number of matters prompting Government and the CAT to provide detailed guidance.[21] In its latest response to the public consultation[22] the Government also provided some insights into how it intends discretion should be exercised when deciding on various procedural requirements at the certification stage and throughout the proceedings, but none of the Guidance provided seem… [read post]
16 Oct 2015, 10:41 am
” In determining whether such compelling factor, consideration, or circumstance exists, the court must, to the extent applicable, examine and consider, individually and collectively, the following: (a) the seriousness and circumstances of the offense; (b) the extent of harm caused by the offense; (c) the evidence of guilt, whether admissible or inadmissible at trial; (d) the history, character and condition of the defendant; (e) any exceptionally serious misconduct of law enforcement… [read post]
5 Oct 2015, 11:22 am
Once parties decide to resolve their matter through arbitration, R. 5:5-1(b) requires that several prerequisites be met. [read post]
5 Oct 2015, 4:30 am
This is solid proof that your vote matters. [read post]
1 Oct 2015, 5:27 pm
See, Matter of H-R-, 7 I. [read post]
18 Sep 2015, 4:54 pm
” Analysis and suggestions: While the first sentence of the foregoing proposed addition is helpful, the second sentence (and the rest of the proposed revisions to the section, for that matter) are unnecessary, premature, carry the potential for confusion and conflict with forthcoming California Supreme Court precedent on the subject, and should therefore probably be eliminated. [read post]
14 Sep 2015, 4:32 pm
While one might argue that the class action mechanism renders such knowledge defenses irrelevant as a matter of collateral estoppel, a class benefitting from the Basic presumption is never accurately defined merely as purchasers between dates “X and Y,” but rather should be defined as purchasers between dates “X + Y, who did not know or believe that the misrepresentation was false or that an omission occurred. [read post]
9 Sep 2015, 10:02 pm
” Thomas C. [read post]
4 Sep 2015, 9:26 am
Class certification is not a ruling on the merits of the case, but only whether the case is one that there a sufficient similarities between all of the class members’ claims that enable to court to decide the matter on a class wide basis. [read post]
3 Sep 2015, 12:19 pm
In the matter of Alexander R. [read post]
2 Sep 2015, 2:22 pm
Several states, including Pennsylvania (Rule 7.2(h)(1)) and Texas (Rule 7.04(h)), require disclaimers to this effect if you advertise the availability of contingent fee arrangements. [read post]
28 Aug 2015, 9:36 am
FILE – Kody Brown, center, poses with his wives, from left, Janelle, Christine, Meri and Robyn in a promotional photo for TLC’s reality TV show, “Sister Wives. [read post]
26 Aug 2015, 8:30 pm
In July 2010, the New York State legislature passed a law -- Chapter 303 of the Laws of 2010 -- amending the mandatory PIP endorsement's intoxication exclusion by requiring New York no-fault insurers to pay for "necessary emergency health services rendered in a general hospital" to persons injured as a result of operating a motor vehicle while in an intoxicated condition or while the person's ability to operate the vehicle is impaired by the use of a drug. [read post]
17 Aug 2015, 9:01 pm
Kerry Secretary of State 2201 C Street, NW Washington, DC 20520 cc: Honorable Roberta S. [read post]
10 Aug 2015, 2:11 pm
. - Dallas, July 31, 2015, no pet. h.) [read post]
10 Aug 2015, 2:11 pm
NOT THE LAST WORD ON THE MATTER Because the appeal resulted in the reversal of a summary judgment in favor of the lawfirm defendants, the case will go back to the trial court for further litigation in light of the appellate court's resolution of legal issues. [read post]
3 Aug 2015, 9:24 am
NEW YORK, NY – APRIL 15: A sign advertises 1 day left to file taxes outside an H&R Block on April 15, 2015 in New York City. [read post]
30 Jul 2015, 8:00 am
She had gone to John H. [read post]
30 Jul 2015, 6:00 am
Matter of J-R-R-A-, 26 I&N Dec. 609 (BIA 2015); The Board held that in the context of an asylum application, if there are sufficient concerns regarding an applicant’s mental competency, the Immigration Judge should first follow the requirements for assessing mental competency found in Matter of M-A-M-, 25 I&N Dec. 474 (BIA 2011). [read post]
