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25 Nov 2020, 10:17 am by Daniel Shaviro
., one can just as well borrow $4 billion, or for that matter $4 trillion, in order to "invest" the same amount with the same counter-party.The transaction lost because, inter alia, it served no non-tax business purpose and had no pre-tax profit potential. [read post]
25 Nov 2020, 10:13 am by Tim Rozelle
” “In matters such as the one at hand, ‘the body of case law developed under ERISA’ requires ‘the [C]ourt, at the very least, [to] examine the facts as known to the administrator at the time the decision to deny benefits was made to determine whether the administrator’s decision was reasonable. [read post]
In light of these allegations, the ADF chief wrote to the ADF inspector general on March 30, 2016, to request that the inspector general open an inquiry into the following: a. possible crimes (illegal killings, inhumane and unlawful treatment of detainees, or mistreatment of corpses); b. the cultural normalisation of deviance from professional standards within SOCOMD, including intentional inaccuracy in operational reporting related to possible crimes; c. a culture of silence within SOCOMD;… [read post]
The entire point of an AV is to allow the driver to disengage and attend to other matters like work, gaming, resting, or engaging with other passengers. [read post]
24 Nov 2020, 1:04 pm by Giles Peaker
The matter was remitted to the FTT to deal with the ‘reasonable excuse’ defence. [read post]
24 Nov 2020, 12:51 pm by Tobias Lutzi
Some of the Court’s later decisions such as the one in Joined Cases C-274/16, C-447/16, and C- 448/16 flightright could however be seen as a (cautious) deviation from this test. [read post]
24 Nov 2020, 11:32 am by DONALD SCARINCI
” The FTCA also imposes a judgment bar, which provides that “[t]he judgment in an action under section 1346(b) of this title shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the government whose act or omission gave rise to the claim. [read post]
24 Nov 2020, 5:48 am by Rui Dias
Reliantco; C-59/19, Wikingerhof (pending)), she highlighted the theoretical and practical benefits of party autonomy in the field of civil and commercial matters. [read post]
23 Nov 2020, 9:01 pm by Michael C. Dorf
Yet, as Federal District Judge William Stickman observed in a Pennsylvania case in September of this year, although “Jacobson has been cited by some modern courts as ongoing support for a broad, hands-off deference to state authorities in matters of health and safety, other courts and commentators have questioned whether it remains instructive in light of the intervening jurisprudential development. [read post]
23 Nov 2020, 8:05 pm by Bob Eisenbach
Rule 2004(c) has been amended to add “electronically stored information” to the rule as well as documents since much of what is produced in response to document requests is in electronic form. [read post]
23 Nov 2020, 5:00 pm by Eugene Volokh
Underhill was also suspended for misconduct in a second client matter in which he published an attorney-client communication online. [read post]
23 Nov 2020, 4:04 pm by Eugene Volokh
From a report and recommendation by Magistrate Judge Debra C. [read post]
23 Nov 2020, 1:58 pm by Dennis Crouch
Teller, 53 P.3d 240, 249 (Haw. 2002). = = = = L·U·B·R·I·C·I·O·U·S [T]he patent fails to teach how the invention actually achieves lubriciousness. [read post]
23 Nov 2020, 10:09 am by Tia Sewell
At an UNGA side event led by New Zealand Prime Minister Jacinda Ardern and French President Emmanuel Macron in September 2019, the founding companies announced that GIFCT would spin off as an independent 501(c)(3) with its own dedicated technology, counterterrorism, and operations teams. [read post]