Search for: "AMERICAN PRINCIPLES IN ACTIONÂ "
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3 Jun 2011, 5:19 pm
These counterclaims do not specify any provision of law on which defendants rely for the legal existence of such counterclaims, and although “setoff can be claimed … a party must have a legally subsisting cause of action upon which it could maintain an independent claim” to do so. * * * “A cause of action for money had and received is established where (1) the defendant received money belonging to [the] plaintiff, (2) the defendant benefited from receipt… [read post]
3 Jun 2011, 1:08 pm
I think having patently racist sentiments in your constitution is a big deal, even if those laws are no longer enforced.So while I appreciate the political statement these African-American state legislators tried to make, I think they’ve missed the forest for the trees. [read post]
2 Jun 2011, 3:22 pm
The problem is that in the specific context of a personal injury mass tort, the application of American Pipe federal class action tolling seems to infringe on a defendant’s ability to defend itself -- in violation of due process principles. [read post]
1 Jun 2011, 7:01 pm
but Americans expect law and effectiveness to come together at some point. [read post]
1 Jun 2011, 10:32 am
The City of San Diego (June 1, 2011), examined "whether the 'equitable tolling' principles outlined in American Pipe & Construction Co. v. [read post]
1 Jun 2011, 9:34 am
Although earlier discourse on virtue was a predominantly—and almost exclusively—religious (Catholic) project and was therefore mostly the business of expressly religious scholars and published in religious-oriented law reviews, such discourse has recently penetrated mainstream academic discussions in doctrinal fields such as property law, environmental issues, contracts, torts, and criminal law.111The current quest for virtue in law occupies a special oppositional spot vis-a`-vis the… [read post]
1 Jun 2011, 8:33 am
A black American male can expect to live seven years less than a white American male, and black women face a four-year gap. [read post]
1 Jun 2011, 7:23 am
The bottom line, for the US, is that American soldiers and officials should not be subject to international jurisdiction. [read post]
1 Jun 2011, 7:08 am
A black American male can expect to live seven years less than a white American male, and black women face a four-year gap. [read post]
1 Jun 2011, 5:48 am
Furthermore, that process fails as a means of providing effective or legitimate legal review of administrative action. [read post]
1 Jun 2011, 5:48 am
Furthermore, that process fails as a means of providing effective or legitimate legal review of administrative action. [read post]
31 May 2011, 1:41 pm
Now there’s no question that the American legal system has its fair share of odd quirks, but that is one principle that has never come into question. [read post]
31 May 2011, 11:25 am
The lesson during bailouts was, if you can prove that you are a critical part of the system, that you are 'too big to fail', then the American taxpayer will bail you out. [read post]
31 May 2011, 8:21 am
Is Anna Alaburda a principled heroine, a whiny troublemaker, or somewhere in between? [read post]
26 May 2011, 1:24 pm
The longer we delay action, the harder it will be to avert the worst consequences of warming, the higher the cost of coping with those that can not be avoided, and the further we fall behind in the clean energy race. [read post]
26 May 2011, 6:54 am
Although the Supreme Court has yet to release an opinion in American Electric Power v. [read post]
26 May 2011, 6:00 am
Strong, From Class to Collective: The De-Americanization of Class Arbitration, 26 Arb. [read post]
25 May 2011, 6:39 pm
Class Action Waivers, the Canadian and the American Supreme Courts:What is with phone services companies and class action waivers? [read post]
25 May 2011, 3:09 am
filed a registration statement in preparation for its initial public offering of American depository shares (ADSs). [read post]
23 May 2011, 10:28 pm
Rev. 1, 173 (1990) ("In the course of the American military review of Protocol I [of the Geneva Conventions], it was concluded that the concept of proportionality is not a rule of customary law . . . . [read post]