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26 Feb 2024, 10:30 pm by Clara Muller
Similarly, the insistence of the Court on the respect of the two procedural conditions laid down in the Directive for the use of the Article 3(4) derogation, advocating for a case-by-case approach, is in line with the general approach adopted by the Luxembourg judges concerning public policy exceptions to European rules. [read post]
3 Jul 2013, 2:19 pm by Gregory Forman
 Further, no other state or federal court had adopted the interpretation of fully and fairly litigated adopted by the lower courts, while numerous state and federal courts had determined a special appearance operates as fully and fairly litigating personal jurisdiction. [read post]
22 Dec 2014, 5:30 am by Florian Mueller
There would be some more clarity about the limits of that patent but Apple could try to relitigate the claim construction that Judge Posner adopted and the Federal Circuit previously affirmed. [read post]
12 Aug 2022, 10:43 am by Rebecca Tushnet
Under Common Rule, publicly available info is ok, so ethical rules don’t restrain anything there. [read post]
2 Aug 2024, 4:00 am by Michael C. Dorf
What if we ask whether there really is or ought to be judicial supremacy even in matters of statutory interpretation? [read post]
25 Jun 2015, 5:12 pm by Kevin LaCroix
Instead it implicitly adopts the traditional view that since the Board can adopt fee-shifting provisions only for internal matters, only those matters need be the subjects of legislation. [read post]
12 Jun 2020, 4:14 pm by Benjamin Wittes
The judge has no jurisdiction over the matter, as there is no case or controversy before him. [read post]
28 Jan 2010, 7:01 am by Vikram Raghavan
It hears both constitutional matters and ordinary cases. [read post]
5 Jul 2012, 5:40 am by Randy Barnett
”  Unlike the Garrisonian abolitionists from whom he broke, Douglass rejected the proslavery reading of the Constitution, and adopted Lysander Spooner’s antislavery reading itself. [read post]
2 Nov 2014, 9:01 pm by Ronald D. Rotunda
Granted, the ethics rules [ABA Model Rule of Professional Conduct, Rule 5.2(a)] tell us that simply following orders is not a defense to unethical conduct. [read post]
10 Aug 2015, 2:11 pm by Wolfgang Demino
  NOT THE LAST WORD ON THE MATTER  Because the appeal resulted in the reversal of a summary judgment in favor of the lawfirm defendants, the case will go back to the trial court for further litigation in light of the appellate court's resolution of the legal issues raised at the summary judgment stage. [read post]
10 Aug 2015, 2:11 pm by WOLFGANG DEMINO
  NOT THE LAST WORD ON THE MATTER  Because the appeal resulted in the reversal of a summary judgment in favor of the lawfirm defendants, the case will go back to the trial court for further litigation in light of the appellate court's resolution of legal issues. [read post]
13 Jul 2010, 7:07 am
  The complaint could meet notice pleading standards but not aver sensitive matters in detail. [read post]
28 Dec 2020, 11:58 am by Josh Blackman
Here, the court correctly rejected the Chief's comparator approach from South Bay, and adopted the correct comparator approach from Diocese. [read post]
13 Dec 2013, 2:36 am by Marty Lederman
  On August 1, 2011, HRSA adopted and released those Guidelines, which were based upon assessments made in a studyby the Institute of Medicine. [read post]
20 Jun 2014, 4:45 am by Lucy Reed
(10)The preceding provisions of this section are without prejudice to sections 75 and 76 of the Courts Act 2003 (power to make Family Procedure Rules). [read post]