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24 May 2017, 3:48 am
Kopf Senior United States District Judge (Nebraska) [1] In tables 7 and 8, “Gov’t below”: (a) includes §5K1.1 Substantial Assistance Departures, §5K3.1 Early Disposition Program Departures and other government-sponsored below-range sentences; (b) does not include Rule 35 reductions for cooperation with the government that take place after sentencing. [read post]
21 May 2017, 9:01 pm
Kleinman Realty Co., 92 Ohio St. 96 (1915)) that provides that changes in the use of an easement are permitted to the extent that they result from “the normal growth and development of the dominant land”. [read post]
16 May 2017, 8:03 am
There just isn’t enough in this record to get us to bad faith under Din” (1:07:00). [read post]
15 May 2017, 10:08 am
The statute, however, does not define its term `use. [read post]
9 May 2017, 1:40 pm
(a); see also Tijerina, 1 Cal.3d at p. 45 [“in the absence of proof . . . that the price charged by a retail store from which merchandise is stolen does not accurately reflect the value of the merchandise in the retail market, that price is sufficient to establish the value of the merchandise”]; People v. [read post]
9 May 2017, 5:45 am
Anderson, 770 S.W.2d 92, 96 (Tex. [read post]
9 May 2017, 5:45 am
Anderson, 770 S.W.2d 92, 96 (Tex. [read post]
8 May 2017, 5:00 am
Annulment An annulment dissolves a marriage just as a divorce does. [read post]
5 May 2017, 2:40 am
View more 1950s Strats here: http://goo.gl/uRJfKI 1 Mr. [read post]
1 May 2017, 3:41 am
If the manufacturer never, itself, sells the product to the relevant consuming public, however — or if it does so well after the exclusive distributor has built the market and acted as the de facto source of the good — how can the manufacturer claim to be the “source” of the product and beneficiary of consumer goodwill associated with the trademark under which it is sold? [read post]
25 Apr 2017, 8:38 am
The VA does not have this same duty to assist for claims under the FTCA. [read post]
25 Apr 2017, 8:38 am
The VA does not have this same duty to assist for claims under the FTCA. [read post]
23 Apr 2017, 1:18 pm
Cratsley submits that New York law does not place a legal duty upon an individual who lacks control over the third party's actions. [read post]
18 Apr 2017, 4:34 pm
E.g., In re Vaeck, 947 F.2d 488, 495-96 (Fed. [read post]
10 Apr 2017, 1:40 pm
See Technatomy Corp., supra, at 6; KPMG Peat Marwick, LLP–Costs, B-259479.4, July 25, 1996, 96-2 CPD ¶ 43 at 4 (citing Bowen v. [read post]
8 Apr 2017, 4:50 am
” [para 96]Having provided a series of examples, the EFTA Court concluded that:“registration of a sign may only be refused on basis of the public policy exception provided for in Article 3(1)(f) of the Trade Mark Directive if the sign consists exclusively of a work pertaining to the public domain and the registration of this sign constitutes a genuine and sufficiently serious threat to a f [read post]
7 Apr 2017, 6:01 am
T 755/96, OJ EPO 2000, 174, Reasons 4.1; T 798/05, Reasons 7, last two paragraphs). [read post]
7 Apr 2017, 1:00 am
This led to a reduction of the technical members of the Boards of Appeal from 97 to 96 and to an astonishing and deeply worrying number of 23 (!!!) [read post]
31 Mar 2017, 1:51 am
While the above-described standards of proof clearly differ on a conceptual level, in most cases adhering to one or the other in judicial practice does not need to lead to divergent results if the standard of "balance of probabilities" is applied with some qualification. [read post]
29 Mar 2017, 11:54 am
––––, 135 S.Ct. 2001,2009–11, 192 L.Ed.2d 1 (2015).A true threat does not require that the speaker intend to carry it out, or even that she have the capacity to do so. [read post]
