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16 Oct 2020, 3:32 am
The former concerned alleged infringement of a registered design; the latter, a variety of claims including infringement of a registered design, EU trade mark infringement, and passing off. [read post]
16 Oct 2020, 2:00 am
The former assumption is far more sound than the latter. [read post]
16 Oct 2020, 1:45 am
As to the latter, in interpreting a domestic legal provision, there is a presumption that a crime requires mens rea or culpability. [read post]
15 Oct 2020, 9:01 pm
As readers of this series will no doubt recall, in 2012 the Supreme Court in National Federation of Independent Business (NFIB) v. [read post]
15 Oct 2020, 5:26 pm
Judge Griffith wrote both panel opinions, the latter of which was released on his last day on the court. [read post]
15 Oct 2020, 1:52 pm
The Court and Legislature took these steps because, they found, employers had mis-classified employees as independent contractors, a factor in increasing inequality (saving the gig employers 30 cents on the dollar) as the latter enjoy none of the benefits described above. [read post]
15 Oct 2020, 12:22 pm
” The FDCA distinguishes between “disease claims” and “structure/function claims”; the latter requires (1) substantiation of truth/nonmisleadingness; (2) prominent disclaimers of FDA evaluation and of lack of disease claims; and (3) avoidance of a disease claim. [read post]
15 Oct 2020, 11:00 am
Among the latter are extensive amendments to the financial disclosure obligations of a public company when it acquires or disposes of a business. [read post]
15 Oct 2020, 7:26 am
The judgments of the Grand Chamber of the EU Court of Justice in Privacy International (C-623/17) and the joined cases of La Quadrature du Net (C-511/18 and C-512/18) and Ordre des barreax francophones et Germanophone (C-520/18) landed with a reverberating thud on the morning of 6 October 2020. [read post]
15 Oct 2020, 6:06 am
This latter standard took on additional importance in view of the impact of the pandemic on the global economy, Brown added.Brown also said that despite the Board’s promises in its strategic plan, the revised agendas are not innovative. [read post]
14 Oct 2020, 12:37 pm
In the latter cases, it can lead to poor performance reviews, which again can end in employment termination. 5. [read post]
14 Oct 2020, 3:30 am
Part of this mystery, it seems, stems from the fact that injunctions grew up in courts of equity, whereas damages (primarily) grew up in common law courts, and the first-year curriculum (outside of a few contracts cases on specific performance) largely focuses on the latter at the expense of the former. [read post]
13 Oct 2020, 11:33 am
Moreover, a comparative review of the judicial handling of constitutionally protected social and economic rights in various jurisdictions throughout the world reveals that the latter have been variously enforced and their violations remedied sometimes individually and sometimes on a more collective basis over time. [read post]
13 Oct 2020, 10:51 am
Court of Appeals for the 3rd Circuit erred in holding that a provision of the Delaware Constitution requiring that no more than a “bare majority” of three of the state courts may be made up of judges affiliated with any one political party is not severable from a provision that judges who are not members of the majority party on those courts must be members of the other “major political party,” when the former requirement existed for more than 50 years without the… [read post]
13 Oct 2020, 3:25 am
This remedy allows the tenant to continue occupying the premises, until such time as there has been a formal determination as to whether or not the tenant is default, and allows the latter an opportunity to cure -- should it be found responsible for the condition(s) in question -- in order to avoid a forfeiture of its valuable commercial space.)The Decision and Order, in Quik Park 808 Garage, LLC v 808 Columbus Commercial Owner LLC,[1] was issued unanimously by a four-judge… [read post]
12 Oct 2020, 9:01 pm
The SG posits that Hurley has standing to challenge ACA provisions other than the individual mandate so long as these other provisions cause him injury-in-fact, even if the latter are by themselves perfectly legal. [read post]
12 Oct 2020, 8:16 am
One difference between Blanshard and Harris, of course, is that the former possessed only the power of persuasion, whereas the latter possesses the power (and is campaigning for more) to institutionalize her bigotry against Catholics and public organizations whose practices are consistent with Catholic moral life. [read post]
12 Oct 2020, 6:05 am
Much more controversially, they also contended that the rest of Obamacare must fall with the mandate, because the latter is such an important part of the statute that it cannot be "severed" from it. [read post]
12 Oct 2020, 12:04 am
The latter measure would introduce a new Art. 6a Rome II, which codifies the so-called principle of ubiquity for business-related human rights claims, i.e. that plaintiffs are given the right to choose between various laws in force at places with which the tort in question is closely connected. [read post]
11 Oct 2020, 6:29 pm
The terms “Arbitration Committee” and “subcommittee of three” were not defined; the latter was used only once. [read post]
