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24 Apr 2020, 8:19 pm
[T]he district court's order is just one sentence long: "Defendants are hereby immediately enjoined from enforcing EO-25 as applied to procedural abortions. [read post]
24 Apr 2020, 5:37 pm
In other words, the new California system seems to have deterred or prevented over 2 million law-abiding Californians from purchasing ammunition. [read post]
24 Apr 2020, 5:05 pm
More than 100 full-time Employees: If the employer had over 100 full-time employees in 2019, then the only wages qualified are those paid to an employee for the time the employee is not providing services due to (1) a full or partial suspension due to a governmental order as a result of COVID-19 or (2) a significant decline in gross receipts (as outlined above). [read post]
24 Apr 2020, 10:14 am
Plaintiff testified that defendant won the DFS contest by a score of 221.1 to 96.3 and that defendant received the $200 due him…. [read post]
24 Apr 2020, 9:59 am
A.S. remained in the home even when defendant left. [read post]
24 Apr 2020, 5:00 am
Robins, standing requires that plaintiffs (1) “suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that is likely to be redressed by a favorable judicial decision. [read post]
24 Apr 2020, 4:39 am
Washington, the Supreme Court held that a defendant may be held liable for such cross-border issues if they have at least a minimum level of contact with the State that seeks to hold them liable and there must be a reasonable expectation of being sued in that State.[2] In this regard, courts in the US have held that mere advertisements on a website are not enough to hold a defendant liable for a cross-border tort and to exercise personal jurisdiction there.[3] Before this,… [read post]
24 Apr 2020, 3:10 am
Does Liberty’s use of vitality wellness status amount to bona fide description of Discovery’s trademark under section 34(2)(b) of the Trademark Act? [read post]
23 Apr 2020, 2:12 pm
Art. 2 or by the Convention on Contracts for the International Sale of Goods (CISG), a federal treaty. [read post]
23 Apr 2020, 1:33 pm
FOOTNOTES [1] Case No. 18-1233, 590 U.S. ____[2] Romag Fasteners, Inc. v. [read post]
23 Apr 2020, 1:09 pm
§§ 3729–33).[2] Under the FCA, a business or person does not need to have actual knowledge of the falsity of a loan application statement; the business or person need only “act[] in deliberate ignorance of the truth or falsity of the information,” or “act[] in reckless disregard of the truth or falsity of the information, and no proof of specific intent to defraud is required. [read post]
23 Apr 2020, 1:08 pm
The defendant was convicted of murder in 2016 based on a 10–2 jury verdict, which was a sufficient basis for conviction under then-existing Louisiana state law. [read post]
23 Apr 2020, 12:22 pm
And how does it work in California? [read post]
23 Apr 2020, 11:49 am
Doe, 457 U.S. 202, 221 (1982). [read post]
23 Apr 2020, 9:32 am
Craigslist counts as a website. 2) Publisher/speaker claim. [read post]
23 Apr 2020, 8:26 am
A variety of measures of relief was sought in the proceedings at hand: (1) a declaration that unfair commercial practices have taken place, (2) an order for cessation of those practices, (3) an order to publicise the court’s decision about the infringement at the expense of the defendants, (4) an order for penalty payments to be made in a fixed amount in respect of every future infringement, and (5) a ruling permitting the fact of such infringement to be certified simply by… [read post]
22 Apr 2020, 9:01 pm
Louisiana, the Supreme Court ruled that the Constitution’s criminal jury requirement—which appears in both Section 2 of Article III and the Sixth Amendment and which applies to the states via the Fourteenth Amendment—forbids states from convicting defendants except by a unanimous jury. [read post]
22 Apr 2020, 8:17 pm
A misdemeanor conviction under the FDCA, unlike a felony conviction, does not require proof of fraudulent intent, or even of knowing or willful conduct. [read post]
22 Apr 2020, 11:59 am
Arms control experts, however, contest these assertions and have continued to defend the treaty as a valuable tool for both the United States and American allies in Europe. [read post]
22 Apr 2020, 10:27 am
The Court granted his petition – no small feat, given that the Court typically only accepts 1-2% of the cases presented to it. [read post]