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6 Feb 2019, 5:44 am by Maria Kendrick
Article VI.4 provides that all measures affecting service trade are applied in a ‘reasonable, objective and impartial manner’. [read post]
6 May 2019, 4:56 am by Anthony De Yurre
Therefore, the parties in this case were required to establish more than a generalized interest[v][vi][vii]. [read post]
30 Sep 2022, 6:17 am by Shamala Kandiah Thompson
Article 27(3), on obligatory abstention, states that in Council decisions under Chapter VI (Pacific Settlement of Disputes), a party to the dispute shall abstain from voting. [read post]
10 Feb 2015, 11:03 am by Steve Vladeck
As Paradis concluded, Congress made one of two mistakes in 2009 when it tried to improve the independence of the CMCR vis-a-vis the Executive Branch: It either gave (1) too much independence to the military judges, in violation of the Commander-in-Chief Clause; or (2) too much power to the military judges without a separate appointment, in violation of the Appointments Clause. [read post]
3 Dec 2011, 1:52 pm by Steve Bainbridge
The validity of this argument vis-à-vis corporate insiders is sharply contested. [read post]
4 Mar 2019, 3:35 am by Matthew D. Donovan
Three months later, Marx and the other directors reciprocated in the Court of Chancery, alleging that Glaubach breached his fiduciary duty to the company primarily by usurping a corporate opportunity vis-à-vis his purchase of the Queens office building. [read post]
7 Apr 2013, 9:01 pm by David S. Kemp
The Court also established in BMW a three-part test for determining whether a punitive damages award is unconstitutional: (1) the reprehensibility of the defendant’s conduct, (2) the ratio of punitive damages to actual harm, and (3) the size of the award vis-à-vis the statutory sanctions for comparable misconduct. [read post]
14 Dec 2015, 3:24 am by Peter Mahler
Rather, Justice Driscoll states that Weintraub in his dealings with Gilbert had taken “a reasoned approach to the termination of the parties’ business relationship” and had not “engaged in any improper conduct vis a vis [Gilbert], or withheld any material information from [Gilbert],” and therefore Gilbert failed to establish a likelihood of success on the merits of his claim against Weintraub for breach of fiduciary duty. [read post]
1 Nov 2006, 5:09 pm
Should that website be accorded probative value vis-à-vis the use of American English? [read post]
5 Feb 2012, 4:39 pm
Feinson was being dealt with in reference to how bifurcation could be managed vis-à-vis the Rules of Procedure. [read post]
25 Apr 2022, 4:23 am by Franklin C. McRoberts
” Second, the Court ruled that Fritch’s “contention that Igor Bron and Richard Sajiun are ‘silent partners’ is unavailing” because “individuals may not, as a matter of law, operate as a business entity as a partnership for purposes of defining their rights vis-a-vis each other while concurrently holding the entity out to the general public as a corporation. [read post]
7 Feb 2013, 9:00 am by Dianne Saxe
Monture, Haldimand Wind Concerns (a citizen’s group), and others were similarly unsuccessful in their appeal of a second REA[vi]: Monture v. [read post]
17 Jan 2015, 9:55 am by Larry Joseph
In both cases, the suit was in equity (Loving) or law (Windsor), and the petitioner Loving and plaintiff Windsor did not seek the right to marry, having married under another jurisdiction’s laws that implicated rights vis-à-vis the respondent Virginia and the defendant United States. [read post]
29 Feb 2016, 2:26 am by Jan von Hein
Kindler, Jurisdiction and Directors’ Liability vis-a-vis the Company In its sentence of 10 September 2015, the ECJ held that the application of Article 5 (1) and (3) of the Brussels I Regulation is precluded, provided that the defendant, in his capacity as director and manager of a company, performed services for and under the direction of that company in return for which he received remuneration (cf. [read post]
22 Dec 2017, 7:06 am by Patrick Wright
Remember, the key question is whether the government’s need for an exclusive bargaining partner is being met, not whether the unions’ relative strength vis-à-vis public employers is being maximized. [read post]
17 May 2010, 5:45 pm by JB
” Congress's list of enumerated powers, including the Necessary and Proper Clause, was designed to put these principles into action.Among other things, Resolution VI suggests that Congress should have the power to regulate in cases where the states face a collective action problem that the federal government can solve more effectively. [read post]
5 Aug 2007, 1:54 am
Typical preferred stock protective provisions Typical preferred stock  protective provisions from a term sheet may include: So long as [any] of the Preferred is outstanding, consent of the holders of at least [50]% of the Preferred will be required for any action that (i)  alters any provision of the certificate of incorporation [or the bylaws] if it would [adversely] alter the rights, preferences, privileges or powers of or restrictions on the preferred stock or any series… [read post]
28 Jul 2013, 10:27 am by Stephen Bilkis
Thus, discovery under each must be considered solely with respect to the propriety of discovery vis-à-vis the issues and cla [read post]
5 Jul 2023, 7:56 am by Kathleen Claussen
The restrictions in the Taiwan Initiative Act undoubtedly complicate the USTR’s negotiating plans in ways that may be ultimately unproductive vis-a-vis the U.S. negotiations with Taiwan, but they nevertheless remain within Congress’s prerogative to regulate commerce. [read post]