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22 Jun 2020, 8:51 am
” “[A]s a general matter, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content. [read post]
22 Jun 2020, 4:30 am
§ 1030(g). [read post]
22 Jun 2020, 1:42 am
This appeal considers whether proof of an offence contrary to Regulation 30(1)(g) of the Welfare of Animals at the Time of Killing (England) Regulations 2015 brought against a business operator as defined in Regulation (EC) No. 1099/2009 on the protection of animals at the time of killing requires proof of mens rea and/or some culpable act or omission on the part of the business operator. [read post]
19 Jun 2020, 6:05 am
The Assessor may, subject to any agreements between the parties or the further order of the court, review only the following additional documents for the preparation of the report (check all that apply): ☐ in the case of matters before the Supreme Court, the Notice of Family Claim, Response to Family Claim and Counterclaim, or, in the case of matters before the Provincial Court, the Application to Obtain an Order, Application Respecting Existing Orders and Agreements and… [read post]
17 Jun 2020, 1:12 am
Relevantly, clause 23 included the following: ‘23.1 A party must not commence court proceedings in respect of a dispute arising out of this agreement (“Dispute”), including without limitation a dispute regarding any breach or purported breach of this agreement, interpretation of any of its provisions, any matters concerning of parties’ performance or observance of its obligations under this agreement, or the termination or the right of a party to terminate this… [read post]
16 Jun 2020, 10:00 am
[CRC, Rule 3.922(d)(2)] G. [read post]
16 Jun 2020, 10:00 am
[CRC, Rule 3.922(d)(2)] G. [read post]
15 Jun 2020, 3:00 pm
C. [read post]
15 Jun 2020, 12:00 am
C. [read post]
11 Jun 2020, 3:05 am
As I discussed here, following this approach would have been both an odd departure from earlier CJEU case law and truly undesirable.Secondly, in line with Cofemel and - in the trade mark field - the recent Gömböc judgment [see here and here] - the decision adopts an 'open-minded' approach to IPR cumulation. [read post]
10 Jun 2020, 5:00 pm
Black lives don’t matter any more than do brown, white or yellow lives. [read post]
10 Jun 2020, 3:55 pm
Thanks, G. [read post]
9 Jun 2020, 10:51 pm
This post summarizes opinions issued by the Supreme Court of North Carolina on June 5, 2020. (1) The defendant could not be separately convicted and punished for both habitual misdemeanor assault and felony assault inflicting serious bodily injury based on the same act; (2) the court must arrest judgment on one of the convictions. [read post]
8 Jun 2020, 10:13 am
Furthermore, there is the matter of physicians reading the same X-ray in two, inconsistent ways. [read post]
8 Jun 2020, 3:27 am
Subject-matter-wise, the courts: spoke on 7 IP issues, dealt with securities and pension claims in 4, decided arbitration questions in 3, considered commercial contract claims in 2, upheld 1 big price-fixing jury award, and resolved 1 case each involving (a) Article III standing, (b) punitive damages, (c) removability of some kinds of nuisance cases, (d) res judicata, (e) the appointments clause, (f) preemption, and a (g) copycat class action. [read post]
5 Jun 2020, 10:08 am
This has been confirmed in Cavel II: “ancillary claims accordingly come within the scope of the Convention according to the subject-matter with which they are concerned and not according to the subject-matter involved in the principal claim”. [read post]
2 Jun 2020, 3:05 pm
§ 3729(a)(1)(G).) [read post]
1 Jun 2020, 1:41 pm
Ayers, Michael C. [read post]
27 May 2020, 4:00 am
The issue of forum conveniens is an entirely separate matter. [read post]
Bush v. Lone Oak Club – Texas Supreme Court Once Again Dives Into the Arcane Law of Water Boundaries
25 May 2020, 11:20 pm
Code Section 26.001(c). [read post]