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17 Apr 2023, 12:24 pm
How long does it take to receive an initial determination for a disability application? [read post]
17 Apr 2023, 11:37 am
Under the discovery rule, an infringement claim does not “accrue” until the copyright holder discovers, or with due diligence should have discovered, the infringement. [read post]
17 Apr 2023, 11:09 am
If the process does not include the attestation or if the attestation states that it does relate to protected health care services, the law does not require the recipient to comply with the process. [read post]
17 Apr 2023, 10:30 am
Based on the location of the defendant (California), we might also see some preliminary jurisdictional challenges. [read post]
17 Apr 2023, 7:44 am
One key piece of sentencing evidence could be an assessment from a psychiatrist showing that a defendant does not meet the profile of a sex offender and is unlikely to re-offend. [read post]
17 Apr 2023, 7:41 am
The defendant could seek a protective order from the court and litigate whether it needs to disclose the documents. [read post]
17 Apr 2023, 7:05 am
While that insight certainly illustrates the ways in which a secular court may be hamstrung in its ability to compel a husband to provide a Get, it still does not resolve the ultimate issue of how a court can adequately address this issue without implicating First Amendment concerns. [read post]
17 Apr 2023, 6:10 am
Auer does not lead to giving the agency deference if the agency decision is unfair. [read post]
17 Apr 2023, 6:10 am
Auer does not lead to giving the agency deference if the agency decision is unfair. [read post]
17 Apr 2023, 6:06 am
" Instead, her claim is that due to defendants’ actions she was unable to substantially increase her income and was subject to a loss of her then-current income.. . . [read post]
17 Apr 2023, 5:57 am
On Mar. 30, the International Court of Justice (ICJ) issued its judgment on the merits in Certain Iranian Assets, nearly seven years after the case between Iran and the United States was first filed. [read post]
17 Apr 2023, 5:50 am
The disposal hearing followed an order by Sir Andrew Nicol, dated 22 October 2021 striking out the defence filed by each defendant and ordering judgement for the claimant. [read post]
17 Apr 2023, 5:34 am
” FDUTPA: A prevailing party in a FDUTPA action may recover reasonable costs and attorney’s fees from the nonprevailing party according to the court’s discretion, which does not require exceptionality but does require consideration of case- and party-related factors, as well as deterrence. [read post]
17 Apr 2023, 5:33 am
Nor does it establish that they acted on Usana’s behalf or subject to its control in doing so. [read post]
17 Apr 2023, 5:30 am
But the unauthorized sale of a genuine product does not violate trademark law. [read post]
17 Apr 2023, 5:20 am
The defendant moved pursuant to CPLR 3211(a)(1), (5), and (7) to dismiss the complaint. [read post]
17 Apr 2023, 5:19 am
Judge Scherer does what any good republican judge is told to do...she denies the defendant's motion and the case makes it way to the Florida Supreme Court, who, in an uncommon fit of rationality, issues this opinion, with this highlight below:Judge Scherer left the bench and, while still in her judicial robe, exchanged hugs with the victims’ families and - 3 - members of the prosecution team, one of whom was Assistant State Attorney Steven Klinger, who is also… [read post]
17 Apr 2023, 5:16 am
“Section 27001 does not single out for differential treatment, for example, political honking, ideological honking, celebratory honking, or honking to summon a carpool rider,” wrote Circuit Judge Michelle T. [read post]
17 Apr 2023, 5:01 am
Where Doe argues that "Jane Doe" is not a pseudonym but instead is the name she uses in everyday life, Defendants' arguments that Doe may not use a pseudonym are not relevant. [read post]
17 Apr 2023, 4:01 am
Nor does it reference Grenelle’s operating agreement. [read post]