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29 Oct 2011, 8:22 am by NL
In any event, as Dame Janet Smith observed in argument, a tenant here might well think that the landlord had simply changed its mind from its previous indicated intention.The case of Mannai involved an identifiable internal ambiguity within the notice itself. [read post]
23 Feb 2011, 5:23 am by Rob Robinson
Judge Allows Witness to Testify via Skype – http://tinyurl.com/47wyn5g (Greg Land) Google Makes Search Results Social - http://tinyurl.com/6fbfdfd (Thomas Claburn) Harder to Kill SSD Bits - http://tinyurl.com/6ces2yp (John Simek, Mike Maschke) Hotmail One-Ups Gmail, Takes Facebook Chat Global – http://tinyurl.com/4oycutx (Mike Melanson) House GOP Seeks to Block FCC ‘Net Neutrality’ Rules – http://tinyurl.com/4d3udcp (Joelle Tessler) How to Recognise Fake Facebook Emails… [read post]
19 Apr 2010, 4:29 pm by David Cosgrove
Merrill Lynch Pierce Fenner & Smith, Inc., 798 F.Supp. 1427, 1431 (D.Neb. 1992) (finding that the four notes at issue failed to satisfy the second Reves factor where there was nothing in the facts to support a finding that the they were part of or comprised any sort of commonly traded or offered instruments); see also Premier Microwave Corp. v. [read post]
1 Aug 2022, 1:39 pm by Holly Brezee
, In re Merrill Lynch, Pierce, Fenner, & Smith, Inc., 828 F.2d 1567, 1569 (Fed. [read post]
5 Sep 2018, 9:30 pm by Cary Coglianese
Joseph Smith and Emerson Tiller analyzed circuit court reviews of EPA actions from 1981 to 1993, finding that “overall, the courts…were no more likely to defer to the EPA after Chevron than before it. [read post]
5 Aug 2011, 4:56 am by Sean Wajert
Although class members were from around the country, the court determined it need not decide whether it was appropriate to engage in a choice of law analysis at the pleadings stage because, as detailed below, each of the plaintiffs’ claims failed as a matter of law under any of the possibly applicable laws. [read post]
12 Jun 2018, 12:34 am by Tessa Shepperson
I would highly recommend that you use our HMO Hotline service and book a telephone advice call with David Smith of Anthony Gold who has a lot of experience with this type of thing and will be able to give good advice. [read post]
23 Feb 2021, 10:25 am by Robbie Peroni and Gemma Adams
This blog post explores the different ways of drafting guarantees and how this interacts with the obligations of parties within the shipping industry. [read post]
10 Jan 2008, 12:08 am
This post was written by Debra McCurdy, Carol Loepere, and Elizabeth Carder-Thompson. [read post]
10 Apr 2023, 7:38 am by Eugene Volokh
Collier[13] accepted such a claim (as to a stay application) by a Buddhist, and Ramirez v. [read post]
2 Oct 2024, 2:37 pm by Eugene Volokh
Upon weighing the broad categories of election related content both humorous and not that AB 2839 proscribes, the Court finds that AB 2839's legitimate sweep pales in comparison to the substantial number of its applications, as in this case, which are plainly unconstitutional. [read post]
10 Aug 2015, 2:11 pm by Wolfgang Demino
  The issues in the appeal were complicated and included questions regarding the time of accrual of the barratry claim and a disagreement over the applicable limitations period, the distinction between void and voidable contract, the interplay of the attorney disciplinary system with the civil justice system, and the ramifications of the rescission remedy for the litigant seeking it. [read post]
10 Mar 2008, 1:10 pm
The trial court denied the motion, holdingthat application of the new statute after years of discovery under pre-existingrules governing expert witnesses would violate the Georgia Constitution’sproscription against retroactive laws. [read post]
16 Aug 2008, 2:43 am
You can separately subscribe to the IP Thinktank Global week in Review at the Subscribe page: [duncanbucknell.com]   Highlights this week included: Belgium - eBay wins ruling against L’Oreal in dispute over liability for counterfeit goods sold in online auctions: (Managing Intellectual Property), (Counterfeit Chic), (IPKat), (Class 46), (Techdirt), (Ars Technica) US CAFC holds that copying free software without complying with license is copyright infringement: Robert Jacobsen v… [read post]
7 Sep 2022, 5:23 am by Eugene Volokh
"[25] It is also suggested by the Supreme Court's non-application of an independent exterritoriality test in almost two decades;[26] by [read post]
3 Dec 2011, 9:56 am by Law Lady
Administrative law -- Agency for Health Care Administration -- Attorney's fees -- Action arising from Department of Administrative Hearings' finding that AHCA's withdrawal of an application for a home health care facility license, due to what the AHCA perceived as an incomplete application, was incorrect -- Error to award applicant attorney's fees and costs pursuant to section 57.111 despite favorable order from DOAH -- Where, at the time the withdrawal… [read post]
20 Jul 2015, 9:07 am by Marty Lederman
  The regulations finalize provisions from three earlier rulemaking actions:  (i) interim final regulations issued in July 2010 concerning general application of section 2713 of the Public Health Services Act, which requires health insurance plans to offer coverage, without cost sharing, of certain "preventive health services"; (ii) interim final regulations issued in August 2014 related to the process by which an eligible religious organization can "opt out"… [read post]