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9 Dec 2020, 9:01 pm
In the first four parts of our series on the California v. [read post]
9 Dec 2020, 7:53 pm
In this Report, the Prosecutor concluded that on the basis of the information available, there is a reasonable basis to believe that, at a minimum, the following war crimes have been committed by members of UK armed forces: wilful killing/murder under article 8(2)(a)(i)) or article 8(2)(c)(i)); torture and inhuman/cruel treatment under article 8(2)(a)(ii) or article 8(2)(c)(i)); outrages upon personal dignity under article… [read post]
9 Dec 2020, 11:48 am
The court does OK here. [read post]
9 Dec 2020, 11:04 am
That independent owner-operator truck drivers, as defendants currently use them, may be incorrectly classified, does not mean the ABC test prohibits motor carriers from using independent contractors. [read post]
9 Dec 2020, 7:33 am
Hazelwood’s business judgement, (2) spoke to an essential element of the good faith defense, (3) they were related to defendant’s state of mind. [read post]
9 Dec 2020, 7:21 am
In prosecutions involving stolen money or property, the Sentencing Guidelines create a structure whereby a defendant’s offense level varies depending on the “loss” caused by the defendant’s conduct. [read post]
8 Dec 2020, 2:31 pm
The court likewise held that the plaintiffs' unjust enrichment claims could go forward: The elements of an unjust enrichment claim are: "(1) receipt of a benefit by the defendant from the plaintiff, and (2) which benefit it is inequitable that the defendant retain. [read post]
8 Dec 2020, 1:38 pm
However, it still has to be alleged that whatever the defendant does “is likely to cause confusion or mistake, or to deceive, as to sponsorship, affiliation, or the origin of the person or goods in question. [read post]
8 Dec 2020, 12:31 pm
Plaintiff Pham further told his supervisors that the Guo Media App does not contain violent content or incite violence; does not violate any of defendant Apple's policies and procedures regarding Apps; and, therefore, it should remain on the App store as a matter of free speech. [read post]
8 Dec 2020, 12:01 pm
United States, 20-82Issues: (1) Whether Rule 24(a)(2) of the Federal Rules of Civil Procedure allows intervention as of right where the movant does not have a significant, cognizable interest in the lawsuit; and (2) whether the United States adequately represents its title, which is the only interest at issue in a quiet title suit. [read post]
8 Dec 2020, 10:01 am
This paragraph does not preclude advice or advocacy consistent with these Rules. [read post]
8 Dec 2020, 1:03 am
ZTE decision, given that the obligation to negotiate a contract in good faith does not imply going through this protocol and that the absence of a final agreement does not necessarily imply a breach of the ETSI rules. [read post]
7 Dec 2020, 1:16 pm
Nor does it describe the NCD as the statutorily-required instigator of, or shepherd for, such processes. [read post]
7 Dec 2020, 11:32 am
Therefore, witness can present evidence against the defendant without fear or uncertainty over the safety of their family or themselves. [read post]
7 Dec 2020, 11:19 am
That is extremely rare, if not completely novel. 2: Works with Lead Sheets Plagiarism detection isn’t new to music. [read post]
7 Dec 2020, 9:54 am
Nov. 2, 2020) Prior Coverage: Is It OK to Embed Instagram Photos? [read post]
7 Dec 2020, 8:34 am
(2) Does Oregon law unconstitutionally discriminate in this respect against ordinary speakers, denying them the same First Amendment rights that the institutional media enjoy? [read post]
6 Dec 2020, 4:50 pm
Dec. 2, 2020) (en banc) (W. [read post]
5 Dec 2020, 8:52 am
” Id. at *2. [read post]
4 Dec 2020, 12:02 pm
To prove tortious interference with business expectancy under Virginia law, a plaintiff must show (1) the existence of a valid business expectancy; (2) knowledge of the expectancy on the part of the interferor; (3) intentional interference inducing or causing a breach or termination of the expectancy; (4) that the defendant employed improper methods when engaging in the intentional interference; and (5) resulting damage to the party whose expectancy has been disrupted. [read post]
