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  The Court also confronted the SEC’s practice of holding multiple defendants jointly and severally liable for disgorgement, a practice that was at odds with traditional equitable principles. [read post]
24 Jun 2020, 9:48 am by Sean Mirski, Shira Anderson
” Claims: Plaintiffs claim that the defendants (1) were negligent, (2) negligently inflicted emotional distress, (3) intentionally inflicted emotional distress, (4) conducted an ultrahazardous activity, (5) committed toxic battery/civil assault, (6) caused wrongful death and (7) were grossly negligent. [read post]
24 Jun 2020, 8:52 am by Dennis Crouch
The petition questions whether the defendant can be considered a “prevailing party” for attorney fees in such a situation. [read post]
24 Jun 2020, 8:34 am by Paul Stern
The statute read, “If, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all the necessary means to effect the arrest. [read post]
23 Jun 2020, 6:34 am by Andrew Lavoott Bluestone
This is an attorney v. attorney case in which it is alleged that defendants withdrew from defending plaintiff in a disciplinary action and then engaged in a campaign to sully his name. [read post]
23 Jun 2020, 6:33 am by Aaron Rubin and Jill Meltem Tellioglu
The second sentence of the user agreement, which is also bolded and in all caps, informs the user of the arbitration clause and warns the user not to use the Lime service if she or he does not agree with the arbitration provision. [read post]
22 Jun 2020, 4:17 pm by Kevin LaCroix
 The SEC will not be able to have the defendant disgorge all revenue, which will reduce the exposure for many defendants. [read post]
22 Jun 2020, 8:51 am by Arnold Wadsworth Coggins
Bornstein, 377 Mass. 804, 805 n.2, 388 N.E.2d 674 (1979) (“Although a judge may report specific questions of law in connection with an interlocutory finding or order, the basic issue to be reported is the correctness of his finding or order. [read post]
22 Jun 2020, 6:31 am by JB
This reading makes particular sense given the textual connections between The Preamble, Article I, section 18, Article II, Article III, section 2, Article V, Article VI, and Article VII.According to Article VII, until the Constitution is ratified by nine states, it does not come into effect. [read post]
21 Jun 2020, 5:37 pm by Krzysztof Pacula
First, at points 37 to 42, the Opinion lays down some arguments of systemic interpretation and stresses that the Maintenance Regulation establishes a complete system: while the Brussels regime is in principle not applicable in relation to the third-State defendants, the circumstance that the defendant is habitually resident in a third State does not entail the non-application of the Maintenance Regulation. [read post]
21 Jun 2020, 8:05 am by Ilya Somin
While I am a libertarian and that background was part of what led me to write Free to Move, the  position I defend in the book does not rely on any distinctively libertarian premises. [read post]
20 Jun 2020, 3:01 pm
The P.C. now has no assets, and the plaintiff seeks to recover from the defendant personally. [read post]