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PG&E’s motion to dismiss alleged that Clarke’s claim is barred by the statute of limitations and is insufficiently pleaded to establish subject matter jurisdiction because Clarke (i) failed to allege an ongoing discharge by a “person”; (ii) failed to allege on ongoing discharge from a “point source”; (iii) and did not provide adequate notice of the claim. [read post]
PG&E’s motion to dismiss alleged that Clarke’s claim is barred by the statute of limitations and is insufficiently pleaded to establish subject matter jurisdiction because Clarke (i) failed to allege an ongoing discharge by a “person”; (ii) failed to allege on ongoing discharge from a “point source”; (iii) and did not provide adequate notice of the claim. [read post]
31 May 2021, 6:47 am by Chukwuma Okoli
The Court of Appeal held that the concept of territorial jurisdiction for breach of contract is based on any or a combination of the following three factors – (a) where the contract was made (lex loci contractus); (b) where the contract is to be performed (lex loci loci solutions);.and (c) where the defendant resides. [read post]
30 May 2021, 12:09 pm by Russell Knight
You can petition the court in criminal court by alleging domestic violence or you can petition the court in your domestic relations matter. [read post]
24 May 2021, 10:02 am
Front Matter Pages i-xlviii PDF Building Narratives of Color-Coded Values Front Matter Pages 1-1 PDF Colors Like Words Jan M. [read post]
23 May 2021, 11:02 am by Gene Takagi
Section 4942(g)(1)(A) defines “qualifying distribution” to mean, in part, any amount (including that portion of reasonable and necessary administrative expenses) paid to accomplish one or more purposes described in section 170(c)(2)(B), other than any contribution to an organization controlled (directly or indirectly) by the foundation or one or more disqualified persons. [read post]
23 May 2021, 8:37 am
Calls on the European Council to take a firm stance against the Chinese sanctions and to adopt conclusions on the matter; takes the view that these sanctions, as well as the negative evolution and deteriorations within China and of China as an international actor, should be adequately reflected and responded to in the ongoing review of the joint communication ‘EU-China – A Strategic Outlook’ with a view to moving towards a more assertive EU-China strategy with the goal of… [read post]
22 May 2021, 12:56 pm by Russell Knight
Listing wrong birthdates of children is a great “gotcha” question in a custody matter. [read post]
17 May 2021, 12:45 am by Annsley Merelle Ward
Sandoz appealed the District Court decision, but in the meantime listed its product in the G-standard (the Dutch drug database). [read post]
13 May 2021, 7:06 am by Bryce Klehm
       (g)  To implement the policy set forth in subsection (f) of this section:           (i) Within 45 days of the date of this order, the Secretary of Homeland Security, in consultation with the Secretary of Defense acting through the Director of the National Security Agency (NSA), the Attorney General, and the Director of OMB, shall recommend to the FAR Council contract language that identifies:… [read post]
12 May 2021, 3:15 am by SHG
Dashboard camera footage shows one trooper, Robert G. [read post]
11 May 2021, 8:54 am by Roel van Woudenberg
With a further letter dated 10 November 2020, the patent proprietor clarified its requests and submitted sets of claims G-J and G'-I'.XIII. [read post]
6 May 2021, 7:09 am by Steven Koprince
Like the joint venture regulations we discussed in #2, Contracting Officers aren’t always aware of 13 C.F.R. 125.2(g), so small businesses should be prepared to raise the matter if necessary. 5. [read post]