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The familiar story in this blog is that of the fair argument standard, and the difficulty faced by a lead agency when defending a negative declaration or mitigated negative declaration. [read post]
1 Oct 2020, 2:39 pm by Ansara Law Personal Injury Attorneys
Their testimony could prove crucial later if the defendant disputes the cause of the bike crash – or your role in it. [read post]
29 Sep 2020, 4:17 am by SHG
Griffin was unnecessarily harsh, and when confronted about her behavior, would defend it by arguing that WSN’s staff is too immature to accept critique. [read post]
28 Sep 2020, 1:51 am by Peter Mahler
Scheinkman (since promoted to Presiding Justice of the Appellate Division, Second Department), granted the defendants’ pre-answer dismissal motion. [read post]
26 Sep 2020, 9:12 am by SCOTUStalk
And the question before the court was whether Texas’s approach towards identifying whether a capital defendant had an intellectual disability that would prevent them from being executed, whether that approach was rooted in modern scientific and psychiatric principles. [read post]
25 Sep 2020, 9:30 pm by ernst
A new catalogue from Lawbook Exchange: 47 Law Dictionaries: American, English and More. [read post]
25 Sep 2020, 7:46 am by Katie Barlow
Senate Republicans currently hold a 53-47 majority, so they need to have at least 50 “yes” votes to fill the seat. [read post]
22 Sep 2020, 4:05 pm by INFORRM
However, in obiter comments in LJY at [47], Warby J referred to the judgments in Holley and suggested that the rule may not apply in cases which disclose a good arguable case in blackmail. [read post]
21 Sep 2020, 8:03 am by Greg Mersol
The case itself involved claimed violations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. [read post]
21 Sep 2020, 6:43 am by INFORRM
The defendants considered an appeal (Irish Times | Racing Post) but they do not seem to have been announced whether they will go ahead with one. [read post]
19 Sep 2020, 12:25 pm by admin
As long as a substantial minority of physicians would have concurred in the judgment of the defendant physician, the claim of malpractice fails. [read post]
19 Sep 2020, 4:25 am by Schachtman
As long as a substantial minority of physicians would have concurred in the judgment of the defendant physician, the claim of malpractice fails. [read post]
13 Sep 2020, 11:07 am by Eric Goldman
US * New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post) * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v. [read post]
9 Sep 2020, 1:02 am by Jan von Hein
Kohler: Mutual trust and fundamental procedural rights in the framework of mutual assistance between EU Member States and beyond In case C-34/17, Donnellan, the ECJ ruled that the recovery of a fine by way of mutual assistance between EU Member States pursuant to Directive 2010/24 may be refused by the requested authority if the decision of the applicant authority imposing the fine was not properly notified to the person concerned, so that the person’s right to an effective remedy enshrined in… [read post]
6 Sep 2020, 4:21 pm by INFORRM
By an amended complaint, Schrems challenged the validity of Facebook’s use of SCCs to transfer EU citizens’ data to the US, arguing that the use of such data for mass surveillance violated Art 7, 8 and 47 of the Charter of Fundamental Rights of the European Union. [read post]
3 Sep 2020, 8:30 am by Eleonora Rosati
For instance, in STIM and SAMI (another referral from Sweden), one of the questions referred to the CJEU was whether the volume and characteristics of the defendant’s business activity (car rental companies and the duration of individual car rentals) would be relevant to the determination of whether there is an act of communication to the public. [read post]