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9 Jan 2008, 11:29 am
  Over the course of a three week evidentiary hearing on defendants' motion to dismiss, the Court heard testimony from over 20 witnesses, including key employees at Stolt-Nielsen and competitors Odfjell and Jo Tankers.The Court held that the DOJ bore the burden of establishing that Stolt-Nielsen materially breached the amnesty agreement, and found that it had not, under either a preponderance of evidence or a clear and convincing evidence standard of proof. [read post]
30 Dec 2011, 5:31 am by Chris Jaglowitz
Talon International Development Inc., 2011 ONCA 687 In a case related to the new Trump Tower in Toronto, the Ontario Court of Appeal agreed that a purchaser was entitled to terminate his new condo purchase agreement because the developer failed to provide occupancy and close the transaction on the specific closing date set out in the agreement. [read post]
31 May 2023, 11:21 am by Eugene Volokh
Mitchell's Used Auto Parts, Inc., 243 Ga. 465, 465 (254 SE2d 846) (1979); Transcripts of Mtgs., Committee to Revise Article I, Vol., 1 (Meetings 1977-1981). [read post]
9 Oct 2023, 10:17 am by Eric Goldman
”…It creates, shapes, or develops content “by materially contributing” to the content’s alleged unlawfulness…. [read post]
26 Feb 2017, 4:09 pm by INFORRM
Canada On 1 February 2017, the Court of Appeal for Ontario handed down judgment in the case of The Catalyst Capital Group Inc. v. [read post]
9 Nov 2020, 3:31 am by Peter Mahler
Section 10.2 of the LLC agreement set forth a detailed procedure by which the members could force a shotgun buy-out of one member by the other either in the event of deadlock over a Reserved Matter or a material breach of the LLC agreement. [read post]
With limited exception, the few courts that had addressed the subject uniformly held that the ADA only applied to brick and mortar architectural barriers, not to internet retail channels (Access Now, Inc. v. [read post]
22 Mar 2010, 4:13 am by Sean Wajert
Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311, 1320 (9th Cir.), cert denied, 516 U.S. 869 (1995); see also In re W.R. [read post]
13 Jan 2017, 6:45 am by Jim Sedor
Federal: DOJ Watchdog Opens Review of Comey’s Clinton Email Investigation Politico – Josh Gerstein | Published: 1/12/2017 The Justice Department’s internal watchdog will investigate FBI Director James Comey’s decision to publicly release information about the bureau’s investigation into Hillary Clinton’s handling of classified material. [read post]
25 Jul 2009, 8:52 am
District Courts that rejected the SEC's claims of Section 5 violations in the hedging of "PIPEs" securities. [2] The "Swap" Transactions Christopher Zacharias and John Carley (the "Option Holders") were officers and directors of Starnet Communications International, Inc. [read post]
3 Nov 2019, 4:17 pm by INFORRM
IP Kat covers the case of Warner Music and Another v TuneIn Inc a case concerning copyright infringement via the use of hyperlinks. [read post]
16 Oct 2022, 1:45 pm by Giles Peaker
But the conclusion is that (quoting CC Proceeds Inc v Lehman Brothers International (Europe) [1998] 4 All ER 675 ) “But if a trustee brought an action in ejectment against a beneficiary having the right under the trust to occupy the land, before 1875 the beneficiary might obtain an injunction in Chancery to restrain the action in ejectment, on the grounds of the failure to allow the beneficiary to occupy. [read post]
30 Apr 2024, 10:28 am by admin
The International Journal of Occupational and Environmental Health (IJOEH) was founded and paid for by Joseph LaDou, in 1995. [read post]
19 Jan 2010, 6:55 am
Then, create a system for managing your IOLTA accounting, and follow, in addition to the ethical rules, your own, internal rules, which should include regular three-way reconciliation. [read post]
30 Dec 2007, 6:23 pm
Since the raw material is already licensed, that aspect of the game isn’t relevant to the IP work lawyers do for developers. [read post]