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16 Jan 2009, 10:06 pm
The effect here would be to create a strong presumption against exclusion. [read post]
16 Aug 2016, 10:00 pm by Andrew Trask
Rule 23(c)(4) has been been placed under a microscope in the past few years, largely because of the judicial response to the Supreme Court’s Comcast Corp. v. [read post]
29 Jun 2011, 4:25 am
Actively participating in the arbitration process without objection precludes the party later claiming that the matter presented to the arbitrator was not subject to arbitration Matter of Jandrew v County of Cortland, 2011 NY Slip Op 04143, Appellate Division, Third Department Cortland County terminated Bryon Jandrew from his position with the County.Jandrew filed a grievance under the relevant collective bargaining agreement [CBA]. [read post]
27 Jan 2012, 5:47 am by Rosalind English
The Appeal  The main ground of appeal was based on the common law right of access to court, established in  Raymond v Honey [1983 1 AC.1, 13] and a series of pre Human Rights cases such as R v Secretary of State for the Home Department, Ex parte Leech [1994] QB 198, and R (Anufrijeva) v Secretary of State for the Home Department [2004] 1 AC 604 at 621[26]. [read post]
16 Nov 2012, 1:50 pm by Bexis
  That’s because, in most instances courts have decided that hospitals predominantly provide services, and thus do not qualify as “sellers” subject to strict product liability.That brings us to the heart of the matter – what are that “strong majority of jurisdictions”? [read post]
5 Jun 2007, 5:07 am
The process of questioning potential jurors in a death penalty case, and weeding out those who hold such strong feelings for or against capital punishment that they would be unable to apply the law, is known as "death-qualifying" a jury. [read post]