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24 Jan 2019, 12:23 pm by Greg Mersol
While the district court reviewed the class action prerequisites under Rule 23(a), its analysis focused on the predominance requirement of Rule 23(b)(3) and in particular whether the claims could be established through common proof. [read post]
24 Jan 2019, 12:17 pm by Kevin Goldberg and Karyn K. Ablin
  Although the governing statute (17 U.S.C. section 803(b)(1)(A)(ii)) provides that petitions to participate are due “by no later than 30 days after publication of the notice of commencement of a proceeding,” the CRB set a deadline much shorter than that–February 4, 2019, which is less than two weeks away. [read post]
24 Jan 2019, 6:33 am by John Jascob
The bill enjoyed high-ranking bipartisan support in the 115th Congress from then-House FSC Chairman Jeb Hensarling (R-Texas) and then-Ranking Member Waters. [read post]
24 Jan 2019, 4:46 am by Andrew Lavoott Bluestone
The parties executed a Settlement Agreement on February 7, 2018, and an Addendum on March 6, 2018 (the “Agreement” or “Settlement Agreement”) (Bowler affirmation, exhibits A, B), both intended to provide a framework for concluding eight years of contentious litigation regarding breach of various contracts that assigned to Day “an interest in certain royalties from [The Princeton Review] (“TPR”) and Random House” (mem at 9). [read post]
23 Jan 2019, 12:06 pm by Mark Weidemaier
”) And here’s the most relevant exception, in section 198: “A party has a claim in restitution … if (a) he was excusably ignorant of the facts or of legislation of a minor character in the absence of which the promise would be enforceable, or (b) he was not equally in the wrong with the promisor. [read post]
The key proposals within CP19/4 are: following DP16/4 in September 2016, the FCA proposes to exclude the Legal Function from the Overall Responsibility Requirement; in PS18/14, the FCA explained that it would propose rules bringing intermediaries with regulated revenue of more than £35m that do not complete RMA-B into scope of the Enhanced regime. [read post]
23 Jan 2019, 8:23 am by Daniel Shaviro
– In my days (back in the mid-1980s) as a Legislation Attorney at the Joint Committee on Taxation, I had a colleague whose area of responsibility included the R&D credit. [read post]
23 Jan 2019, 4:00 am by Administrator
Bibeau, 2019 QCCS 44 [1] Le cœur de ce litige consiste à déterminer s’il y a lieu d’ordonner la démolition de la résidence du défendeur, Étienne Bibeau, construite sans qu’un permis de construction ne soit délivré par la demanderesse, Ville de Saint-Sauveur (« la Ville »). [2] L’octroi du permis est assujetti à l’approbation par la Ville d’un plan d’implan­tation et… [read post]
22 Jan 2019, 2:39 pm
The Assad Regime in German Courts Felix Würkert, The German Past between Collectives and Individuals Tobias Thienel, Application and Repeal of the Offence of Insulting Foreign Heads of State: The Böhmermann Affair Alena Kunstreich, Prohibition or Non-Proliferation? [read post]
22 Jan 2019, 3:00 am by John Jenkins
  This recent study by three b-school profs supports the long-term value side of the debate. [read post]
21 Jan 2019, 7:07 pm
Naomi Paik, Representing the Disappeared Body: Videos of Force-Feedings at Guantánamo Dossier on Asylum/Home Michal Heiman, A New Community of Women 1855–2019 Michal Heiman, Return: Asylum (The Dress, 1855–2019) Orna Ben-Naftali, The Asylum and its Discontents: Reflections on Michal Heiman Sharon Sliwinski, The Woman Who Walks Through Photographs Edward B. [read post]