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10 Jul 2007, 3:17 pm
Our story starts back in April 2007, when Commerce Secretary Carlos Gutierrez appointed Margaret J.A. [read post]
15 Sep 2011, 7:40 am by emagraken
As Frankel J.A. also observed, while persons are entitled to have their day in court, they are not entitled to be always in court “day after day in the futile pursuit of remedies to which [they are] not entitled”. [read post]
27 Oct 2011, 7:55 am by emagraken
In the words of Taylor J.A.: [11]      I do not think the words “not ascertainable” should be strictly interpreted, so as to mean “could not possibly have been ascertained. [read post]
21 Aug 2013, 7:13 am by emagraken
Farrell Estate, 2004 BCCA 348 where Smith J.A., writing for the court, says at para. 77: The question whether negligence should be inferred when a motor vehicle has left its proper lane of travel usually arises in cases, like Fontaine, where the driver of the vehicle is sued by a plaintiff injured in the accident. [read post]
14 Jun 2006, 6:53 am by Koz
., of the Second Appellate District, sitting for Resnick, J.A consumer may qualify for class-action certification underOhio’s Consumer Sales Practices Act only if the defendant’salleged violation of the Act is substantially similar to an actor practice previously declared to bedeceptive by one ofthe methods identified in R.C. 1345.09(B).2005-0216 and 2005-0412. [read post]
29 Jul 2024, 4:00 am by Administrator
A rigorous dissent from Hourigan J.A. emphasized the democratic importance of legislative deference and highlighted the confusion in the existing jurisprudence on collective bargaining rights. [read post]
7 Oct 2010, 3:50 am
.), Wallace J.A. cautioned that it was only in a clear case that a judge should exercise his discretion to set aside a subpoena on the ground of necessity. [read post]
8 Oct 2007, 5:15 am
  J.A. 53a-59a.The proposed second amended complaint alleges that respondents knew that Charter intended to use the transactions artificially to inflate its operating cash flow. [read post]
28 Jun 2009, 4:57 pm
No. 2843(C.A.) by Hinds J.A., speaking for the court, at paragraph 17: In my view, there was evidence before Mr. [read post]
3 Jun 2009, 10:36 pm
In particular, Sharpe J.A. found that the nature and extent of the damages suffered by the plaintiff within the jurisdiction was a factor and that, unless it was significant, the court should decline jurisdiction:  Muscutt at para. 79. [read post]
22 May 2012, 6:22 am by Lawrence B. Ebert
” 2011-1401 J.A. 196-97; 2011-1402 J.A. 107-08. [read post]
11 Apr 2009, 10:40 pm
  But, Officer J.A. [read post]
16 Feb 2014, 4:00 am by Administrator
C.A., May 30, 2013) (35411) Judgment rendered Jan. 22, 2014 The Chief Justice — “The appeal is allowed for the reasons of Monnin J.A., dissenting in the Court of Appeal. [read post]
1 May 2009, 10:14 am
  Notwithstanding the evolution of the treatment of offers to settle in the  Rules, it is clear that one of the principal purposes of Rule 37B remains the same as that noted of the former Rule 37 by Cumming J.A. in  Skidmore v. [read post]