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20 Jan 2011, 1:55 pm
But it does seem to me that the problem could be cured by a simple statutory fix: If the defense declines a pre-trial request to stipulate to admissibility of the report (or, in those states having a notice-and-demand statute, makes a demand), it must assert that it does not intend to stipulate to admissibility of the report if the witness appears at trial ready to testify. [read post]
27 Apr 2015, 7:21 am
Recall Chief Justice Roberts’s observation that the Code of Conduct for United States Judges, as adopted by the Judicial Conference, “does not adequately answer some of the ethical considerations unique to the Supreme Court. [read post]
23 Apr 2014, 8:50 am
If indeed the Court has adopted a policy of relisting cases before granting, it may be akin to a “stop, look, and listen” after a provisional decision to grant – intended to give the Justices and their clerks additional time to review grant candidates for vehicle problems or other concerns. [read post]
16 Jul 2018, 4:39 pm
The Florida ruling does raise hopes that other courts might follow as well, which in turn could help stem the tide of proliferating merger objection litigation. [read post]
4 Apr 2014, 7:00 am
As a discovery referee in family law matters, I often come upon issues where opposing counsel does not think the Discovery Act applies to their proceeding. [read post]
4 Apr 2014, 7:00 am
As a discovery referee in family law matters, I often come upon issues where opposing counsel does not think the Discovery Act applies to their proceeding. [read post]
19 Aug 2010, 6:23 am
Does your answer change if the topic of the most recent board meeting was whether or not to file a lawsuit against this particular owner, who is delinquent in his assessment payments? [read post]
18 Jan 2009, 8:55 am
But, note that this assessment is confined only to the FDI policy, and does not deal with taxation matters which present the opposite position as discussed by Atul Dua and Amit Mehta above.Overall, the timing of this topic for Halsbury's Law Monthly is interesting. [read post]
9 Nov 2015, 7:17 am
He does not have a lifetime expectation of employment under any circumstance that may arise. [read post]
9 Mar 2020, 2:48 pm
Transmission of this FAQ does not constitute legal advice for the reader and does not create an attorney-client relationship. [read post]
21 Dec 2009, 6:45 am
The SEC released the text of the final rules on the same date they were adopted, with the 129 page adopting release available here. [read post]
22 Aug 2023, 10:20 am
Offering teachers their choice of which posters to display (or not display) does not change the fact that the District first shaped the posters' design, content, and message, and exercised final approval authority…. [read post]
15 Jan 2022, 11:30 am
The court also determined that Juggernaut does not infringe under the doctrine of equivalents. [read post]
28 Mar 2022, 9:01 pm
The real problem for Senator Sasse is that the only remotely defensible version of originalism leaves judges and justices a great deal of room to make value judgments, and his values differ from those of Judge Jackson or any jurist a Democratic president might nominate, no matter how impeccably credentialed or deeply knowledgeable.What is a Judicial Philosophy and Does it Matter? [read post]
15 Apr 2020, 4:04 am
If you have children together… You can receive Social Security benefits if you have a child or children that are under 16, whether the child is biological or adopted. [read post]
21 Sep 2011, 5:14 am
(As a related matter, whether one program or another is more or less of a threat to individual liberty may or may not be relevant to the constitutional question.)Second, many of the prior, government-run programs adopted in the past are actually far more market oriented than the individual mandate, let alone the entire health care reform law. [read post]
19 Mar 2021, 5:54 am
If, however, the amendment effects a substantive change in the law, the defendant does not receive the benefit of the change. [read post]
25 Mar 2016, 3:09 pm
In 2013, the City adopted another ordinance “expressly prohibiting mobile dispensaries within the City. [read post]
1 Nov 2021, 8:59 pm
Why Do the Changes and the FTC’s Proposal Matter? [read post]
28 Sep 2021, 7:07 am
It does appear that the incident involved a blended family and not all families blend nicely; a topic which goes to the matter of fabrication. [read post]
