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13 Sep 2012, 4:13 am
Accordingly, this Court finds that it is objectively reasonable for people to expect the contents of their electronic text messages to remain private, especially vis-à-vis law enforcement. [read post]
22 Dec 2014, 11:11 am
A lot of courts have misunderstood the nature of the servicing relationship vis-a-vis the borrower and assumed that because the servicer is not expressly a party to the note and security agreement that there is no privity between the borrower and servicer and hence the borrower cannot maintain a breach of contract suit. [read post]
1 May 2011, 5:10 am
Indeed, if you could prove that a measure was prudential, you wouldn't have to meet the disciplines under Article VI, entitled "Domestic Regulation". [read post]
12 Jan 2012, 5:01 pm
Accordingly, and in the absence of any evidence to the contrary, the Board has no reason for rejecting the argument of the [patent proprietor] that no combination of efficient sanitisation with good cleaning is disclosed to be present or to be predictable in any of the two examples of departure. [2.4.3] Thus, the Board finds that no comparative experimental evidence is required for concluding that the subject-matter of claim 1 of the patent-in-suit solves vis-à-vis each of… [read post]
17 Feb 2021, 10:19 am
., and the International Trademark Register One of the many legal challenges presented by ‘Brexit’ has to do with a peculiarity in the trademark registration system of the UK vis-à-vis the European Union and the International Register. [read post]
14 Jan 2020, 1:25 pm
The SECURE Act specifies optional measures that a plan fiduciary may take in selecting an insurer in order to fulfill its prudence requirements vis à vis assessing the insurer’s ability to satisfy its obligations under the contract. [read post]
7 Sep 2012, 10:56 am
In his books Animals as Persons and Rain Without Thunder, Francione, who is also a lawyer, powerfully argues that the only ethically consistent stance for humans vis-a-vis animals is the complete elimination of all animal ownership. [read post]
22 Oct 2015, 2:32 pm
It is also possible they are intended: the law is known and they are viewed as a necessary accommodation to the extraordinary context—a trade off for the Council’s engagement and its escalated conducement potentiality vis-a-vis the designated violations of international law. [read post]
21 Dec 2010, 5:46 am
Also consider that if Henry VII’s Executor refuses to elect to assign the excess amount to the fair widow, she gets no excess amount from Henry VII and Henry VI’s excess exclusion amount is still eliminated. [read post]
8 Nov 2010, 3:01 pm
By a letter dated 24 September 2008, received at the EPO on 13 October 2008, the appellant requested reestablishment of rights and paid all the relevant fees.[4.1] Under A 122(1), an appellant for a European patent, who in spite of having taken all due care required by the circumstances, was unable to observe a time limit vis-à-vis the EPO which has the direct consequence of causing in particular, the deeming of the application to have been withdrawn, shall upon request have… [read post]
9 Feb 2017, 9:28 am
Leapfrog found, “After analyzing July 1, 2013 to June 30, 2015 Centers for Medicare and Medicaid Services data plus results from a Leapfrog 2016 survey of hospitals vis-a-vis 30 national performance measures [that] 43 percent of the 2,633 hospitals studied received a C, D or F safety grade. [read post]
7 Oct 2009, 7:54 am
" - Continuing Uncertainty Regarding the Applicability of Revlon in Mixed Cash/Stock Deals - While the Court's holding that NYMEX's exculpatory provision - and plaintiffs' failure to allege sufficient facts circumventing the protections of that provision - obviated the need for the Court to specifically decide the issue, the Court noted the continuing uncertainty regarding the applicability of Revlon vis-a-vis transactions involving mixed merger consideration… [read post]
22 Oct 2019, 9:49 am
En pareille situation, il a été souligné par le juge administratif que l’appel aux services d’un enquêteur externe peut constituer une bonne façon pour l’employeur de s’assurer de conserver une certaine distance vis-à-vis le Syndicat et d’éviter ainsi toute apparence d’ingérence. [read post]
24 Oct 2016, 3:19 am
The decision at pages 7-11 has an excellent summary of the applicable statutory and case law governing the interplay between BCL Sections 1104-a and 1118, after which Justice Driscoll pronounced his ruling as follows: The Court is persuaded that the allegations in the Complaint, which include claims that Feldman engaged in improper conduct vis a vis Mana, are consistent with a shareholder oppression proceeding pursuant to BCL § 1104-a. [read post]
4 Nov 2007, 6:02 am
In this day and age where the offense has the advantage over the defense vis a vis the rules, Cheater Bill made the decision to run with the bulls and turn Brady loose.So why aren't we picking the Cheaters in a rout? [read post]
9 Oct 2013, 6:01 am
UBS Puerto Rico Fixed Income Fund VI, Inc. [read post]
15 Nov 2014, 8:06 am
The tenant was successful at first instance, but the Court of Appeal held the notice to quit was a valid exercise of the landlord’s contractual rights vis-à-vis the tenant and effective to terminate the tenancy, and his vindictive motive for serving it was irrelevant and The same act cannot at the same time as between the same parties be both a lawful exercise of a contractual right and a tortious act giving rise to a claim for damages. [read post]
14 Jan 2020, 1:25 pm
The SECURE Act specifies optional measures that a plan fiduciary may take in selecting an insurer in order to fulfill its prudence requirements vis à vis assessing the insurer’s ability to satisfy its obligations under the contract. [read post]
10 Aug 2017, 9:01 pm
(It also bears noting, by the way, that some of these same challengers also want to do away with other practices, like admitting children of alums and applicants of families that have donated to the university, that tend to account for some of the underrepresentation of African Americans, Latinas, and others.)But the important point is that the recent complaints by Asian groups need not be understood as attacks on the idea of affirmative action itself, but as attacks on specific admissions policies… [read post]
15 Aug 2011, 4:52 am
Overall the future of the Chinese art world looks optimistic, and it is clear that the impact of the art fair culture, especially vis-à-vis ART HK, has a crucial role to play in this continued growth. [read post]
