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6 Jun 2022, 9:48 am
John Dunn and Kirk Smith were uniquely qualified to assess the facts of this case and acted as experts for the families of Myles Herschaft and Colton Guay. [read post]
29 Nov 2021, 11:52 am
(Not the first time the unmatched issue has come up–remember the New York Attorney General back in 2004 who dropped the hammer on labels and at least one publisher who had egregious cases of unpaid royalties to people like David Bowie, John Mellencamp, David Matthews, Dolly Parton and Sean Combs.) [read post]
31 Jan 2014, 8:44 am
Hepps (1986), Justice Sandra Day O’Connor dramatically switched her vote and turned a 5-4 majority for placing the burden of proving truth on the defendant in non-public figure cases into a 5-4 majority placing the burden on the plaintiff to prove material falsity. [read post]
5 Aug 2020, 4:00 am
To be so manifestly tainted, the Supreme Court notes that the invalidity must be “incontestable”, such that no serious debate can arise about the validity.[5] The Supreme Court noted that this framework did not address the issue of accessibility namely “a scenario wherein the matter would never be resolved if the stay were granted”.[6] The Court noted in cases such as the high cost of the arbitration, amount others, “staying the action in favour of arbitration… [read post]
16 Jun 2024, 4:16 pm
On Thursday 13 June 2024, there were hearings in Nicholas James Gwilliam v (1) Stephen Thomas Freeman (2) John William Freeman QB-2021-000981 and Tyndal v Obisulu KB-2024-001333. [read post]
22 Jul 2024, 6:08 am
IHL’s classification of armed conflict requires consideration of factors related to a group’s: (1) command structure; (2) ability to carry out operations in an organized manner; (3) logistics; (4) discipline and ability to implement the obligations of Common Article 3 (CA3) to the 1949 Geneva Conventions; and (5) ability to speak with one voice (see the International Criminal Tribunal for the former Yugoslavia’s (ICTY) judgment in the Boškoski and Tarčulovski… [read post]
17 Apr 2020, 3:00 am
John McCain. [read post]
16 Sep 2022, 4:00 am
Durham Inquiry Appears to Wind Down as Grand Jury Expires Yahoo News – Katie Benner (New York Times) | Published: 9/14/2022 When John Durham was assigned by the Justice Department to examine the origins of the investigation into the 2016 Trump campaign’s ties to Russia, then-President Trump and his supporters expressed a belief the inquiry would prove a “deep state” conspiracy including top Obama-era officials had worked to sabotage him. [read post]
5 Aug 2024, 11:33 am
One of the more notable fiduciary liability trends in recent years has been the wave of employer-sponsored retirement account excess fee litigation. [read post]
26 Jul 2017, 11:57 am
Methods: Retrospective cohort study of adult ICU patients from 5/31/2011-6/1/2014. 779 (2.8%) of our cohort of 27,523 had LEP. [read post]
22 Dec 2016, 11:03 am
How did (does) her Judaism figure into Ginsburg’s life? [read post]
16 Aug 2022, 6:38 am
Because if Mike Pence does the right thing, we win the election. [read post]
26 Oct 2020, 11:18 am
In contrast to a traditional contract, where parties may be bound to clear language notwithstanding extrinsic evidence that the language does not match their original intent, clear computer code at odds with the original intent will likely not bind the parties. [read post]
18 Jan 2018, 8:47 am
The SOE does not easily fit within the classical division of obligation, expressed in political and legal theory, between public and private entities, or into those entities’ respective relationships to law.[3] States have a duty that is undertaken through law;[4] enterprises have a responsibility that is embedded in their governance.[5] These fundamental divisions form part of the current international efforts to institutionalize human rights related norms on and through… [read post]
8 Jun 2024, 5:20 pm
HUS is a frightening complication that even in the best American centers has a notable mortality rate.[56] Among survivors, at least 5 percent will suffer end stage renal disease (ESRD) with the resultant need for dialysis or transplantation.[57] But, “[b]ecause renal failure can progress slowly over decades, the eventual incidence of ESRD cannot yet be determined. [read post]
30 Apr 2024, 3:12 pm
HUS is a frightening complication that even in the best American centers has a notable mortality rate.[56] Among survivors, at least 5 percent will suffer end stage renal disease (ESRD) with the resultant need for dialysis or transplantation.[57] But, “[b]ecause renal failure can progress slowly over decades, the eventual incidence of ESRD cannot yet be determined. [read post]
16 Feb 2021, 2:23 pm
The trial court held that federal forum provisions were invalid under Delaware law, reasoning that the “constitutive documents of a Delaware corporation cannot bind a plaintiff to a particular forum when the claim does not involve rights or relationships that were established by or under Delaware’s corporate law. [read post]
25 Oct 2021, 1:20 pm
John R. [read post]
1 Sep 2017, 6:49 am
IB noted that it, as a direct-access, online brokerage firm, does not provide investment or trading advice. [read post]
31 Aug 2014, 12:49 pm
Does equity serve the role of bringing the formal structures of law closer to notions of justice? [read post]
