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20 Nov 2017, 2:13 am by Peter Mahler
Mind you, there are a fair number of cases in New York and other jurisdictions in which courts have ruled that non-member assignees do not have standing to bring derivative claims. [read post]
19 Nov 2017, 4:52 pm by Samantha Maddern and Patrick Williams
Clause 7 of the Agreement substantially mirrors the model consultation term in the Fair Work Regulations 2009 (Cth). [read post]
19 Nov 2017, 4:36 am by Mark Summerfield
  This change from the old ‘fair basis’ provision was intended to align Australian patent law with that of the UK and Europe, requiring the disclosure to be commensurate with the scope of the claims, i.e. that the description should be sufficient to enable the skilled person to perform the invention across the full width of the claims.So far, there has been no judicial consideration of this new enablement requirement, and until recently there was just one Patent Office… [read post]
17 Nov 2017, 4:00 am by Public Employment Law Press
Turning to Thompson's claims against DC-37 for an alleged breach of the unions duty of fair representation, the Appellate Division ruled that her actions was "likewise untimely under the applicable four-month limitations period. [read post]
17 Nov 2017, 4:00 am by Public Employment Law Press
Turning to Thompson's claims against DC-37 for an alleged breach of the unions duty of fair representation, the Appellate Division ruled that her actions was "likewise untimely under the applicable four-month limitations period. [read post]
17 Nov 2017, 4:00 am by Public Employment Law Press
Terminated employee sues the employer challenging her dismissal and the union for its alleged breach of its duty of fair representationThompson v District Council 37, 2017 NY Slip Op 07964, Appellate Division, First DepartmentBobbie Thompson sued District Council 37 [DC-37], her collective bargaining organization after to it informed her that it would not demand arbitration challenging the  termination of her employment. [read post]
16 Nov 2017, 4:09 pm by INFORRM
In such cases, amongst the range of possible responses open to a court, one means of securing the right to a fair trial, whilst protecting freedom of speech, is to hold the trial away from that local community, i.e, the eventual court approach in R v F ex parte BBC. [read post]
These include Article 7 (right to a private and family life), Article 8 (protection of personal data) and Article 47 (the right to an effective remedy and a fair trial). [read post]