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10 May 2020, 1:11 pm by Jon L. Gelman
” “There is no requirement a petitioner first establish he or she is honest before obtaining a hearing on a claim petition. [read post]
10 May 2020, 8:45 am by Cyberleagle
Later on, this piece attempts to crack them.The conclusion, thankfully, is that the eIDAS riddles can and should be solved in a way that leaves the liberal and facilitative English law of signatures untouched.That conclusion sets the scene for the first major topic of this piece: how can it be that, when we analyse the ability to use electronic signatures from an English law perspective, the elaborately constructed edifice of eIDAS turns out to be more decorative grotto than grand mansion? [read post]
10 May 2020, 2:32 am by Eleonora Rosati
Both at first instance and on appeal, the KIKO store layout had been qualified as an architectural work consisting of a “successful and creative combination” of various elements. [read post]
9 May 2020, 1:36 pm by Hanlon Law, PA
The post Florida Court Discusses Evidence in a Post-Conviction Hearing for Sex Crimes appeared first on Sarasota Criminal Attorney Blog. [read post]
8 May 2020, 11:00 am by Stan Gibson and Julia Consoli-Tiensvold
The Sixth Circuit has recognized that if a trial court rules on a FRCP 12(b)(2) motion prior to trial “it has the discretion to adopt any of the following courses of action: (1) determine the motions based on affidavits alone; (2) permit discovery, which would aid in resolution of the motion; or (3) conduct an evidentiary hearing on the merits of the motion. [read post]
8 May 2020, 8:43 am by Joy Waltemath
Additionally, the plaintiffs failed to show a likelihood that they would succeed on the merits of their claims. [read post]
7 May 2020, 1:24 pm by Gabriel Chin
Sineneng-Smith without reaching the merits of the underlying First Amendment question, instead holding that the U.S. [read post]
7 May 2020, 1:06 pm by Josh Blackman
  The merits of that decision also highlight the troubling nature of this Court's overbreadth doctrine. [read post]
7 May 2020, 10:25 am by Shea Denning
A dissenting judge would have concluded that the trial court had authority to enter the order and that the appellate court was without jurisdiction to reach the merits of the petitioner’s claims as the petition was not an aggrieved party to the proceeding from which he appealed. [read post]
  First, the union would submit a grievance to the employer with a brief, incomplete statement of the allegation underpinning the grievance. [read post]
7 May 2020, 8:27 am by Eleonora Rosati
First, if such providers optimized the presentation of content and communicated/made it available to the public, they would not in any case qualify as providers that perform an “automatic, intermediate and temporary storage” within the meaning of, e.g., Article 13 of the E-commerce Directive. [read post]
7 May 2020, 8:02 am by Kristian Soltes
Prime Minister Justin Trudeau’s government announced its intention to study the merits of open banking in its February 2018 budget, but waited about seven months before taking the “first step” of announcing the appointment of a four-person advisory committee. . . . [read post]
7 May 2020, 7:38 am by Eric Goldman
Given this case’s low merit, I’ll be curious if this judges shifts fees per 17 USC 505. [read post]
7 May 2020, 5:32 am by Andrew Lavoott Bluestone
First, he asserts that the only estate asset worth speaking of is the late Mr. [read post]
6 May 2020, 3:55 pm by Josh Blackman
JUSTICE KAGAN: --the Chief Justice's first question, which was about whether this rule sweeps too broadly. [read post]
6 May 2020, 3:47 pm by Second Circuit Civil Rights Blog
Judge Torres first holds that plaintiffs will suffer irreparable harm without an immediate court order, as the loss of constitutional rights in the elections context (such as the right to vote for the candidate of your choice) is always irreparable.Judge Torres also says plaintiffs are likely to win the case on the merits. [read post]
6 May 2020, 2:38 pm by Gritsforbreakfast
Harris County, which leads the state in inmates diagnosed with COVID at 449, just reported its first inmate death from the virus.Overdoses spike nationallyGrits had mentioned earlier Travis and Williamson Counties had seen a spike in opiod overdoses. [read post]