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10 Mar 2014, 4:57 pm by Stephen Bilkis
Section 521(1) provided that '(T)he commissioner may establish, By regulation', such program. [read post]
10 Mar 2014, 2:09 pm by Jessica Smith
A witness is unavailable when he or she “[t]estifies to a lack of memory of the subject matter of his statement. [read post]
10 Mar 2014, 7:52 am by Rebecca Tushnet
”  (This is a silly thing to say about Hotwire’s vague and conditional disclosure in hyperlinked terms of service; reasonable consumers don’t read these, but whatever; the court says that Hotwire consumers were required to click a box agreeing to the terms of service before paying, as if that mattered to what they understood.)Here, the allegations were that Hilton’s booking page didn’t include a clear statement that the resort fee… [read post]
7 Mar 2014, 11:17 am by Rebecca Tushnet
  There’s a factual dispute about Neri and Schomburg’s hiring that doesn’t matter to the outcome; in addition, the court mentions that the court of appeals rejected the argument that Schomburg was the true author; in what seems to have been a lightly-considered aside that has new resonance after Google v. [read post]
6 Mar 2014, 5:52 pm
These elements must be pled "with enough factual matter (taken as true) to suggest that an agreement was made." [read post]
6 Mar 2014, 6:04 am by Rory Little
”  So, for a “combination crime” like Section 924(c), it doesn’t matter whether Rosemond did anything to “aid” the gun part, so long as he knowingly aided the drug trafficking part. [read post]
6 Mar 2014, 3:11 am by Andrew Trask
A skeptic may rejoin, "but the garden variety consumer class action sees very minimal exercise of opt outs, so it really doesn’t matter if you offer class members this option." [read post]
5 Mar 2014, 5:52 pm by Steven Boutwell
Most new parents don’t have an estate plan because they’ve never thought they needed one. [read post]
5 Mar 2014, 3:22 pm
It could be made a crime, but the state’s high court says that the state “peeping Tom photographer” statute just doesn’t cover it. [read post]
5 Mar 2014, 7:00 am by Katherine Gallo
§639(d)(2) (pdf), CRC 3.922(c)(2) (pdf)] E.The subject matter or matters included in the reference. [read post]
3 Mar 2014, 6:03 am by Rebecca Tushnet
” Since the comparative ads at issue here weren’t part of paid ads, but instead displayed on Armstrong’s own website, that didn’t matter. [read post]