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28 Jan 2019, 7:17 am by Andrew Hamm
Subscript Law has a graphic explainer for Helsinn Healthcare S.A. v. [read post]
14 Jul 2021, 1:24 am by Donald Dinnie
Referring to Van Reenen Steel (Pty) Ltd v Smith NO and Transnet v Rubenstein, the Labour Appeal Court held that the principle on common mistake is more correctly formulated as requiring three elements to be proven: the contract was based on a common assumption; the assumption was incorrect; and the subject matter of the assumption was vital to the transaction – in other words, had both parties been aware of the true position the transaction would not have… [read post]
23 Nov 2016, 9:16 am by Eric Goldman
Unite Here * Trademark Dilution Symposium Videos * Griper Selling Anti-Walmart Items Through CafePress Doesn’t Infringe or Dilute–Smith v. [read post]
8 Jun 2012, 10:55 am by Scott Key
By contrast, the majority in Smith spends about a paragraph dispatching the IAC claim. [read post]
8 Jun 2012, 10:55 am by Scott Key
By contrast, the majority in Smith spends about a paragraph dispatching the IAC claim. [read post]
19 Sep 2013, 1:23 pm by Ilya Somin
They argue that this divide is exemplified by the the Supreme Court’s decision in NFIB v. [read post]
19 Apr 2023, 1:42 pm by NARF
City of Seattle (Judicial futility doctrine and removal from state court to federal court) Two petitions for certiorari were denied on 3/20/23:Smith v. [read post]
17 Mar 2010, 9:33 am by Jon Sands
Smith, accuses Judge Bea (named!) [read post]
31 Jan 2019, 4:17 am by Andrew Lavoott Bluestone
The law provides absolute immunity from liability for defamation based on oral or written statements made by attorneys in connection with a proceeding before a court ” when such words and writings are material and pertinent to the questions involved'” (Front, Inc. v Khalil, 24 NY3d 713, 718, quoting Youmans v Smith, 153 NY 214, 219; see Weinstock v Sanders, 144 AD3d 1019, 1020; see also Stega v New York Downtown Hosp., 31… [read post]
12 Jan 2010, 3:12 am by Dave
First credit goes to HHJ Purle QC, sitting as a judge of the High Court, who has managed the seemingly impossible task of giving judgment in such a case without reference to any authority (beyond Yeoman's Row v Cobbe, but on the quantum meruit point), despite the case being redolent (at least) of the facts in Lloyds Bank v Rosset, Midland Bank v Cooke, Coombes v Smith, Cobbe (on the estoppel point), Stack v Dowden, Thorner v Major… [read post]
12 Jan 2010, 3:12 am by Dave
First credit goes to HHJ Purle QC, sitting as a judge of the High Court, who has managed the seemingly impossible task of giving judgment in such a case without reference to any authority (beyond Yeoman's Row v Cobbe, but on the quantum meruit point), despite the case being redolent (at least) of the facts in Lloyds Bank v Rosset, Midland Bank v Cooke, Coombes v Smith, Cobbe (on the estoppel point), Stack v Dowden, Thorner v Major… [read post]