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24 May 2023, 7:35 am by Ronald V. Miller, Jr.
., a New Jersey appellate decision that came down yesterday takes an interesting look at a lab error lawsuit against Quest and Lab Corp and how the discovery rule and the fictitious party rule work in New Jersey. [read post]
24 May 2023, 6:37 am by Paula Junghans
Doing so caused the payments to be treated as income to Cohen, which in turn precipitated a tax gross-up so that Cohen would be relieved of any tax burden associated with the mischaracterization.Note that the DA would not have to prove that the tax crimes were actually committed, just that the parties intended them and falsified the business records with that initial intention. [read post]
17 May 2023, 2:13 pm by William Hibbitts | JURIST Staff
He stands accused of maintaining unprofitable oil contracts to benefit “third parties,” but he and his supporters deny the charges, saying that the National Assembly created a “fictitious situation. [read post]
14 May 2023, 7:07 pm
Yu’s lawsuit is that ByteDance’s offices in Beijing had a special unit of Chinese Communist Party members sometimes referred to as the Committee, which monitored the company’s apps, “guided how the company advanced core Communist values” and possessed a “death switch” that could turn off the Chinese apps entirely. [read post]
14 May 2023, 10:00 am by Gene Takagi
In a Model A fiscal sponsorship relationship, the FSP has no separate legal existence from the fiscal sponsor, and the name of the FSP may be one of the fictitious business names (DBAs) of the fiscal sponsor. [read post]
28 Apr 2023, 2:24 pm by Dennis Crouch
(b) By presenting to the Office or hearing officer in a disciplinary proceeding (whether by signing, filing, submitting, or later advocating) any paper, the party presenting such paper, whether a practitioner or non-practitioner, is certifying that – All statements made therein of the party’s own knowledge are true, all statements made therein on information and belief are believed to be true, and all statements made therein are made with the knowledge that whoever, in… [read post]
24 Apr 2023, 3:46 am
Evans Mktg., Inc., 183 USPQ 613, 614 (Comm’r Pats. 1974) (finding applicant’s name may be corrected where application was mistakenly filed in name of fictitious and non-existent party). [read post]
12 Apr 2023, 6:13 am by Eugene Volokh
The Court then applied the Ninth Circuit rules governing the use of fictitious names and found that Plaintiff had not met his burden in demonstrating the need to seal the action and use a fictitious name in the caption. [read post]
6 Apr 2023, 10:17 am by Eric Goldman
Snap because the CFTC’s claims are based on the customer’s (a/k/a third party) data, which the Lemmon court said would still trigger 230. [read post]
4 Apr 2023, 10:43 am by Eugene Volokh
That divorce decree said Wynne's client's marriage was dissolved and the parties would have joint legal and physical custody of the minor children. [read post]
4 Apr 2023, 5:01 am by Eugene Volokh
Indeed, some courts have recognized absolute privileges (precluding lawsuits even for deliberate lies) for complaints to certain kind of quasi-judicial bodies.[2] Just as the police should have maximum input into their investigations, the argument would go, so each of us should be able to gather maximum information for own investigations of whatever interests us—not just through tools such as Google, which always point to real sources (and are immunized by § 230 for liability for… [read post]
3 Apr 2023, 5:45 am by Ryan Goodman
Part of Just Security’s coverage of the Manhattan DA investigation and work on accountability and corruption. [read post]
3 Mar 2023, 10:17 am by Cynthia Marcotte Stamer
Investigators also determined Acosta Perez opened bank accounts for the fictitious businesses at JPMorgan Chase Bank, Wells Fargo Bank and Bank of America. [read post]
17 Feb 2023, 4:05 pm by Lawrence Solum
They were particularly fearful of direct taxation which fell squarely on the party being taxed, and so the Constitution restricted reliance on such forms of taxation by the apportionment requirement. [read post]
16 Feb 2023, 6:40 am by Latham & Watkins LLP
VARA specified the following activities as licensable (the VA Activities) under the Regulations: Advisory services: offering, providing, or agreeing to provide personal recommendations to clients, upon their request or on the relevant entity’s initiative, in respect of actions or transactions with VAs; Broker-dealer services: arranging orders for sale and purchase of VAs between entities, soliciting or accepting orders for Vas and accepting fiat currency or VAs for such orders, facilitating… [read post]
16 Feb 2023, 6:40 am by Latham & Watkins LLP
VARA specified the following activities as licensable (the VA Activities) under the Regulations: Advisory services: offering, providing, or agreeing to provide personal recommendations to clients, upon their request or on the relevant entity’s initiative, in respect of actions or transactions with VAs; Broker-dealer services: arranging orders for sale and purchase of VAs between entities, soliciting or accepting orders for Vas and accepting fiat currency or VAs for such orders,… [read post]
16 Feb 2023, 5:01 am by Eugene Volokh
One consequence of that fact is that "[t]he use of fictitious names is disfavored. [read post]
Just in time for the holidays, the Centers for Medicare and Medicaid Services (“CMS”) issued the Contract Year 2024 Proposed Rule for Medicare Advantage organizations (“MAOs”) and Part D sponsors (the “Proposed Rule”). [read post]
17 Jan 2023, 10:17 am by Phil Dixon
The defendant ultimately bought such a ticket for a different, fictitious person whose identity was created by the FBI. [read post]
5 Jan 2023, 10:00 am by Jo Dale Carothers
“Have the real parties in interest perpetrated a fraud on the court by fraudulently conveying [the patent] to a shell LLC” and “filing a fictitious patent assignment with the [United States Patent and Trademark Office] designed to shield those parties from potential liability. [read post]