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Relying on the “functional test” set forth in a line of cases distinguishing discretionary decisions from ministerial ones (e.g., Mountain Lion Foundation v. [read post]
Relying on the “functional test” set forth in a line of cases distinguishing discretionary decisions from ministerial ones (e.g., Mountain Lion Foundation v. [read post]
4 Jan 2021, 1:29 pm by Matt Gluck, Tia Sewell
Thomas, division chief for strategy and policy at the joint C-UAS Office, for a conversation about the complex spectrum of air and missile threats. [read post]
11 Nov 2020, 4:14 pm by Bona Law PC
Delay in reporting and the involvement of “high-level” or “substantial authority” personnel, as defined by the Guidelines, often weigh against application of this provision. [read post]
17 Oct 2020, 2:21 am
Carrier is a leading manufacturer of residential Heating, Ventilation, and Air Conditioning (“HVAC”) systems and ECIMOS once produced the quality-control system that tested completed HVAC units at the end of Carrier’s assembly line. [read post]
9 Oct 2020, 6:30 am by Guest Blogger
As he observes near the end of the book, “The history recounted here has a Sisyphean air”—an image that had occurred to me well before it finally appeared on page 368. [read post]
Relying on the “functional test” set forth in a line of cases distinguishing discretionary decisions from ministerial ones (e.g. [read post]
22 Sep 2020, 5:01 am by Russell Spivak
Express, Inc., 490 U.S. 477, 484 (1989) (“If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions. [read post]
10 Aug 2020, 2:24 am by Schachtman
Three justices, in dissent, would have applied a bright-line bare metal defense, as contended for by petitioners.[4] The majority eschewed both the invariant bare metal defense and the Third Circuit’s infinitely flexible forseeability test, for a “third way. [read post]
3 Jul 2020, 6:43 am by Florence Campbell Jones
   Moratorium for mortgages and loans In addition to a moratorium on first-home mortgages, there is a moratorium applicable to credit granted to small and medium-sized enterprises (“SME“) until December 2020. [read post]
28 May 2020, 4:51 pm by Adam Rosenthal and Robert Foster
  Much of the guidance issued by OSHA during the ongoing COVID-19 pandemic has originated from guidance from the United States Centers for Disease Control and Prevention (“CDC”). [read post]