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5 Aug 2010, 2:08 pm by Bexis
  Wyeth br. at 1, 5-9.We remember those days well, as we (well, Bexis) defended DTP manufacturers against the same sort of bizarre design defect claims at issue in Bruesewitz – that an alternative “safer” design can render a vaccine categorically defective, even though that design was not FDA approved. [read post]
26 Oct 2009, 2:44 pm
Nelson (1988), 20 B.C.L.R. (2d) 1, [1988] 2 W.W.R. 79 (C.A.), leave to appeal to S.C.C. refused 27 B.C.L.R. (2d) xxxv [Horie], Southin  J.A. concluded, at 388: [T]he maxim "ignorance of the law is no excuse" is not a rule of law determinative of an issue of statutory interpretation in every instance. [read post]
3 Jul 2016, 4:09 pm by INFORRM
They have said that political advertising does not fall within their remit. [read post]
25 Aug 2023, 6:22 pm by admin
Regulatory pronouncements are even more diluted and often involved little more than precautionary principle wishcasting.[20] [1] Christian W. [read post]
9 Apr 2010, 7:23 pm
Rachlinski and Forest Jourden compared the endowment effects in property and liability regimes.[6] A property regime is one of equity where one’s rights are typically protected by injunctive relief or excludability under the law – a court order mandating certain activity or a cessation of activity by the defendant. [read post]
9 May 2011, 11:17 am by The Legal Blog
The present document does not affect immovable property. [read post]
6 Jan 2023, 6:58 am by Mark Ashton
Article 1 says all citizens have the right to enjoy and defend life and liberty and to pursue their own happiness. [read post]
16 Feb 2011, 12:24 pm by Bexis
Code §34-20-5-1 (compliance generally creates rebuttable presumption); Kansas:  Kan. [read post]
10 Jul 2016, 4:08 pm by INFORRM
The Media Blog also outlines this, noting that at the time Murdoch told an Australian magazine, ‘‘Bush is acting very morally, very correctly,’The greatest thing to come of this for the world economy, if you could put it that way, would be $20 a barrel for oil. [read post]
3 May 2010, 8:27 am by Eric
This system stems from articles 20-24 of the bill, which state the following: Art. 20 An Internet service provider shall only be held responsible for damages resulting from content created by a third party if it has been notified by the injured party and has not taken measures to render unavailable (within the scope of its services and within a reasonable period) the content identified as infringing. 1. [read post]
26 Jun 2008, 6:31 pm
That's because state law does not recognize claims for failure to recall or retrofit. [read post]
4 Sep 2012, 1:34 am by Kevin LaCroix
Insured exclusion does not preclude coverage for the entire lawsuit, but only the portion attributable to the claims brought against the non-insured person defendants. [read post]
11 Mar 2015, 4:21 am by Kevin LaCroix
The jury awarded punitive damages of $1 million against Shealey and $750,000 against Causey, as well as punitive damages of $350,000 against five of the director defendants. [read post]
26 Aug 2016, 6:21 am
., Doe was charged with X crimes based on certain conduct, Doe went to trial and was convicted and now appeals his/her conviction. [read post]
26 Feb 2008, 1:52 pm
As the court held in Whiten at para. 124: "A traditional function of punitive damages is to ensure that the defendant does not treat compensatory damages merely as a licence to get its way irrespective of the legal or other rights of the plaintiff. [read post]