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28 Apr 2020, 5:42 pm by Carl Neff and Kasey DeSantis
Under the Supreme Court’s analysis, the Court held that the federal-forum provisions were valid because they fall within the plain language of 8 Del. [read post]
27 Apr 2020, 2:38 pm by Giles Peaker
The 2:1 majority judgment of the Court of Appeal found as follows (we’ll come back to the other judgment below): Ground 1 – ‘Ambit of Article 8’ The majority of the Court of Appeal were firm that, as at first instance, the facts of the case did not fall within the scope of Article 8. [read post]
27 Apr 2020, 11:52 am by Amy Howe
Today the Supreme Court reversed, in an 8-1 decision authored by Justice Sonia Sotomayor. [read post]
27 Apr 2020, 6:29 am by Paul M. Hauge
Writing for an 8-1 majority on this issue (Justice Alito would have remanded the case to the Montana courts without trying to interpret those “devilishly difficult statutory provisions”), Chief Justice Roberts concluded that Sections 113(b) and 113(h) deal only with the jurisdiction of federal courts, and have no effect on the jurisdiction of state courts to hear cases grounded in state law that effectively seek review of the adequacy of an EPA-approved cleanup. [read post]
27 Apr 2020, 6:20 am by Jessica Smith
This paper does not seek to explain deviations in occupancy or critique county and facility practices. [read post]
27 Apr 2020, 5:42 am by Elizabeth Kruska
  If the counts are charged together because they all stemmed from the same plan or incident, the defendant does not have the right to request severance, unless the defendant can prove to the court under Rule 14(b)(1)(B) that it is necessary to ensure a fair determination of guilt or innocence. [read post]
27 Apr 2020, 3:00 am by Joshua Holt
  Without further ado, here’s the current list of the top 12 wealthiest, practicing lawyers: 1. [read post]
26 Apr 2020, 6:06 pm by Omar Ha-Redeye
 Section 24(1) operates concurrently with, and does not replace, these areas of law. [read post]
26 Apr 2020, 9:01 am by Giles Peaker
Disability Discrimination Ms P defended and counterclaimed for discrimination under section 15 Equality Act 2010: (1) A person (A) discriminates against a disabled person (B) if— (a) A treats B unfavourably because of something arising in consequence of B’s disability, and (b) A cannot show that the treatment is a proportionate means of achieving a legitimate aim. (2) Subsection (1) does not apply if A shows that A did not know, and could not reasonably have… [read post]