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24 Oct 2013, 5:32 am
and 2. [read post]
16 Aug 2016, 7:52 am
Section 13 of the Securities Act states that a private investor pursuing a claim under Section 11 or Section 12(a)(2) ordinarily must bring suit: (1) within one year after discovering a violation; and (2) within three years after the security was offered or sold.The Supreme Court has explained that the second requirement is a statute of repose and, unlike a statute of limitations, which begins to run when a claim accrues and may be subject to equitable tolling, “[a] statute… [read post]
28 Jul 2020, 2:52 pm
For example, if you lost Lawsuit #1 on the merits (because, say, defendant didn't do it), you lose Lawsuit #2 on the same basis via claim preclusion. [read post]
17 Mar 2014, 4:18 am
However, in Station #2, the unlawful act was the breach of the contract. [read post]
15 Mar 2011, 9:46 am
Regarding the format – yes, the format does resemble that the document prepared by AP&P. [read post]
15 Jan 2016, 6:17 am
While the U.S. does not have a strict legal obligation to defend Taiwan against an attack by China, in my view, the U.S. does not have a strict legal obligation to defend its other allies either. [read post]
16 Mar 2017, 6:46 am
Taking up the motion, the court laid out the relevant legal standards, including that “[a] party seeking spoliation sanctions must prove that (1) the missing evidence existed at one time; (2) the defendant had a duty to preserve the evidence; and (3) the evidence was crucial to the plaintiff’s prima facie case. [read post]
23 Jan 2019, 4:36 pm
My prognosis does not result from the decision running afoul of any case law already out there, but simply because it violates that most powerful rule, “this is the way we’ve always done things. [read post]
5 Jul 2022, 10:39 pm
"So Conti's Section 2 claim is defective in more than one way. [read post]
20 Mar 2023, 4:47 am
IRC 104(a)(2). [read post]
13 Jan 2022, 5:11 am
The Third Circuit has held that, "[t]he Equal Protection Clause does not apply to government speech. [read post]
7 Apr 2009, 5:34 pm
That's right, return does nothing. [read post]
13 Oct 2010, 6:36 pm
Does the U.S. outfit qualify as an "inventor"? [read post]
12 Dec 2019, 8:58 am
Any error here was unlikely to have affected the outcome of the proceedings and the district court did not abuse its discretion in denying the motion. (2) The district court did not err in denying a mistrial following a government witness’s emotional “outburst. [read post]
28 Jun 2013, 8:32 am
", when they first became Facebook friends; and (2) a post-trial message written by [the juror] to congratulate Mother on the trial. [read post]
11 Sep 2008, 6:01 am
Accordingly, the defendants are claiming that the injunction could be fatal to their business. [read post]
6 Feb 2009, 1:47 am
Next, we have Defendant 2, the driver of stolen cars although he is not supposed to be driving in the first place. [read post]
25 Feb 2015, 9:21 am
Thus, there were two issues before the Court of Appeal: 1) whether the harm attendant to turning over footage is of a degree that warrants immediate appellate review; and 2) whether the defendant could be ordered to turn over work product surveillance footage prior to deposing the plaintiff. [read post]
1 Jan 2010, 3:30 pm
It is well settled that the police have no obligation to record an interrogation (see People v Childres, 60 AD3d 1278, 1279, lv denied 12 NY3d 913), and that the failure to record a defendant's interrogation electronically does not constitute a denial of due process (see People v Lomack, 63 AD3d 1658, lv denied 13 NY3d 798; People v Malave, 52 AD3d 1313, 1315, lv denied 11 NY3d 790). [read post]
3 Jun 2009, 4:39 am
As several courts have previously noted, the MHA does not explicitly preempt state causes of action. [read post]
