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3 Sep 2019, 3:30 am
The lower rank of the British courts (even including its Supreme Court, a 10-year-old institution split off from the House of Lords) are not like the American federal courts, made constitutionally equal to the other branches of the federal government and guaranteed a sturdy independence, which they use – sometimes boldly – to strike down actions of the other branches. [read post]
2 Sep 2019, 12:59 pm
These state court suits sometimes also have parallel federal court lawsuits, but sometimes the defendant companies are sued in state court only. [read post]
1 Sep 2019, 2:17 pm
The Ninth’s “reasonable probability of a lower sentence” analysis is of particular interest – see “How to Use” below.How to Use: Relying on the Ninth’s old Ginn case, the district court denied acceptance because Green only admitted guilt as to one gun. [read post]
30 Aug 2019, 6:41 am
Should the appeals court lift the second AAII on the basis of intermediary or complicit liability questions without reaching any other aspect of the case on which the appeals court overrules the lower court, then CAS could still appeal and might succeed, but wouldn't know for sure.The hurdle in Germany for a stay of an injunction pending an appellate proceeding is insanely high--unlike in the U.S., where this just worked out for Qualcomm against the FTC. [read post]
29 Aug 2019, 11:59 pm
However, on June 7, 2018, the UK Competition Appeal Tribunal (CAT) set aside part of this decision. [read post]
29 Aug 2019, 1:09 am
I helped them set up their legal aid franchise and also did a lot of work with their court housing advice service. [read post]
22 Aug 2019, 4:54 pm
The Decision of the United States Supreme Court The nation’s highest court affirmed the lower tribunal’s decisions, opting not to overturn the dual sovereignty doctrine relied upon by the circuit court. [read post]
18 Aug 2019, 8:18 pm
This Commissioner must be a former judge, board, commission or tribunal member, or former Senate Ethics Officer or Ethics Commissioner, and the new role provided supervisory and enforcement roles, as well as investigatory powers to determine contraventions of the Act. [read post]
18 Aug 2019, 11:02 am
In 2016, shortly after the new CAT procedures went into effect, a former chief ombudsman of the Financial Ombudsman Service, launched a CAT action against MasterCard, based on a 2014 European Court of Appeal ruling that dismissed MasterCard’s appeal of a lower court ruling that the credit card company had used its dominant position to extract excess fees, resulting in consumers being overcharged. [read post]
16 Aug 2019, 5:00 am
Earlier this year, a lower South Korean court further allowed the seizure of Nippon Steel assets within Korea to compensate the four forced labor victims involved. [read post]
15 Aug 2019, 12:34 pm
Decision of the Eleventh Circuit Court of Appeals The federal circuit court affirmed the lower tribunal’s decision to dismiss the plaintiff’s case. [read post]
15 Aug 2019, 4:00 am
It would offer relief to a segment of the population that frequently finds themselves priced out of our civil and family justice systems and, in so doing, it would help curb the crisis in self-representation plaguing our courts and tribunals. [read post]
14 Aug 2019, 1:06 pm
Regardless of approach, the true relationship between and among the parties can be retroactively analyzed by a tribunal. [read post]
13 Aug 2019, 6:03 am
SpecialKat Tian Lu reports in IP Tribunal of SPC opens first circuit trail in July 2019 on the first circuit trial of the IP Tribunal within the Supreme People’s Court of China and explains the reasons for the establishment of this court.PREVIOUSLY ON NEVER TOO LATE Never Too Late 229 [Week ending 4 August] Takeda v Roche: "Is it plausible? [read post]
11 Aug 2019, 6:35 pm
And Emma Platoff of The Texas Tribune reports that “5th Circuit upholds Indian Child Welfare Act as constitutional, reversing lower court; The appeals court overturned a 2018 decision from a federal district judge who ruled that the law, which gives adoption placement preference to Native American tribes, was unconstitutional; Texas Attorney General Ken Paxton challenged the law in 2017. [read post]
10 Aug 2019, 4:37 am
As this Kat reported in At last, the sun rises: China will establish the National IP Appeals Court in 2019 and 50 days: Chinese SPC IP Tribunal closes its first case, since 1 January 2019, China has had an IP Tribunal within the Supreme People’s Court (‘the SPC’), serving as the national IP appeals court. [read post]
9 Aug 2019, 11:34 am
Relying on courts is costly. [read post]
8 Aug 2019, 10:50 am
Noting that some of the defendants had failed to submit any opposition to the plaintiff’s motion, the court found that the lower tribunal had erred in denying the plaintiff’s motion for a default judgement. [read post]
8 Aug 2019, 10:37 am
” Reviewing the decision of the lower tribunal for an abuse of judicial discretion, the appellate court found that the defendants had failing to make the requisite showing in the case at bar. [read post]
6 Aug 2019, 11:05 am
Next stop was the Pay Equity Tribunal as alternate chair. [read post]
