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29 May 2013, 6:25 am by David Oscar Markus
Thaler, in an opinion by Justice Breyer (but announced by Justice Kennedy, because Justice Breyer was absent), the Court held by a vote of five to four  that when a state’s procedural framework, by reason of its  design and operation, makes it highly unlikely in a typical case that a defendant will have a meaningful opportunity to raise on direct appeal a claim that his trial counsel provided ineffective assistance, the good cause exception recognized in… [read post]
28 Aug 2018, 1:20 pm
In addition to brick-and-mortar stores, Via Varejo has utilized the Casas Bahia brand in e-commerce since 2009, operating under the domain name casasbahia.com.br (the Casas Bahia Website).Via Varejo does not operate any physical Casas Bahia stores in the United States and does not ship goods ordered online to the United States, although millions of Internet Protocol (IP) addresses located in the United States access the Casas Bahia Website every year. [read post]
29 Jul 2014, 3:30 pm by David Cosgrove
The court stated a broker must act in the customer’s best interests and must refrain from self-dealing, and that these obligations are at times described “as fiduciary duties of good faith, fair dealing, and loyalty. [read post]
12 Jan 2011, 4:27 pm by INFORRM
The Grand Chamber stated in Cumpana v Romania on 17 December 2004 at paragraph 91, in the context of a publication covered by Article 10, that Article 8 “may require the adoption of positive measures designed to secure effective respect for private life even in the sp [read post]
10 May 2007, 2:29 pm
In the Federal Tort Claims Act, Congress waived the sovereign immunity of the United States (and thus created the possibility of damages) for the "negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. [read post]
28 Jan 2020, 10:30 am by Fadwa Hammoud
Fadwa Hammoud is the solicitor general of the state of Michigan, which joined an amicus brief on behalf of the petitioner in June Medical Services v. [read post]
16 Jun 2010, 5:08 am by Transplanted Lawyer
" then chances are good that you have difficulty coming up with a principled objection to Prop. 8. [read post]
9 Apr 2014, 12:24 pm
Article 13(1) ... has to be interpreted in such a way that it does not exclude Member States from providing for the possibility that the customs authorities also formally initiate the proceedings mentioned in the provision themselves".This is good news for the Estonian Customs folk, who can now get on with their day jobs without worrying about the need for tedious court proceedings before determining that infringing goods are coming into the country. [read post]
27 Jan 2012, 3:04 pm by Maritime Blogger
  If you are a U.S. mariner and find yourself injured while onboard a vessel it’s always a good idea to find a good Jones Act lawyer by state. [read post]