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22 Jan 2021, 8:59 am
”vi Moreover, the court elaborated, “the procedure [of deposing experts after both sides have disclosed] avoids plaintiff being at a disadvantage by virtue of going first; plaintiff’s expert may face complications at trial when attempting to rebut theories posited by defendants’ expert of which he had no knowledge at the time of his deposition. [read post]
27 Mar 2017, 3:24 am
Finally, the article highlights mechanisms to impose creditor protection and domestic public interests vis-à-vis foreign companies. [read post]
11 Aug 2017, 1:47 pm
§ 40102(16), to ultimately conclude that Freightplus shared the characteristics typically associated with an NVOCC: (1) it issued a bill of lading, which listed it as the “carrier” (the role an NVOCC plays vis-à-vis the ultimate shipper) and (2) it was paid exclusively by the shipper. [read post]
25 Oct 2010, 5:29 pm
The right to reputation should always have been considered as safeguarded by Article 8 of the Convention, as part and parcel of the right to respect for one’s private life … Accepting that respect for reputation is an autonomous human right, which derives its source from the Convention itself, leads inevitably to a more effective protection of the reputation of individuals vis-à-vis freedom of expression … Any defamatory statement amounts to interference… [read post]
14 Jan 2023, 11:33 am
[vi] These governance issues are symptomatic of what may be much greater problems with the administrative capabilities of The MLC, Inc. that may be metastasizing but have not yet risen to the level of a public inquiry. [read post]
20 Oct 2020, 3:00 am
[vi] As a matter of foreign relations, the Department of Commerce decided not to treat the subsidies given outside a government’s territory – what we refer as ‘foreign’ subsidies in this piece —as countervailable. [read post]
27 Jun 2014, 9:54 am
More broadly, many commentators have read the Court’s decision as a sign that the justices finally “get it,” with “it” being the exceptional nature of modern data-storage and communications technologies, and the need for greater protections vis-à-vis surveillance, aggregation, and intrusion by law enforcement. [read post]
19 Jul 2012, 6:02 am
The essential elements of a licence (the licensee’s right to use the trade mark – in this case ‘Lensworld’ – itself on a commercial basis and to defend it vis-à-vis third parties) were absent, however. [read post]
8 Dec 2007, 9:03 am
The blogging mentality, I suppose -- Jack and I were writing similar posts at the same time.Senator Sheldon Whitehouse of Rhode Island has been one of the very best, most careful and most thoughtful legislators in recent months on a wide range of legal issues relating to the Gonzales DOJ, the war on terror, NSA surveillance, and the like. [read post]
23 Jan 2023, 5:57 am
Written by Kiara van Hout. [read post]
12 Aug 2018, 4:01 am
Le caractère véritable s’analyse en tenant compte du but visé par le législateur et de l’effet juridique de la loi. [read post]
5 Jul 2010, 5:54 am
Omar, surprisingly, had apparently held that an offer of temporary Part VII or indeed permanent Part VI accommodation could fall under 193(5) as well as 193(7F) and so the only requirement to be met was that the LA was satisfied as to suitability. [read post]
3 Mar 2020, 8:22 am
For more than a year we’ve been relentlessly writing about how China has become so much riskier for manufacturing and how so many companies that manufacture in China are desperately looking to move their manufacturing elsewhere. [read post]
22 Jun 2007, 11:27 am
[which begins:] It is my view that the policy taken as a whole, vis-Ã -vis the matter at issue, is ambiguous and is to be construed most favorably in favor of the insured. [read post]
11 Sep 2015, 2:01 am
While some courts have treated these three subsections as all covering the same types of misconduct,[vi] most courts have interpreted the three subsections as proscribing different types of misconduct, with subsections (a)(1) and (a)(3) covering so-called “scheme” liability and subsection (a)(2) covering misrepresentation and omission liability. [read post]
26 Mar 2011, 10:00 am
", and virtually the same wording was in Article VI of the original constitution adopted in 1789.It is the argument of the paper that the 1901 shift in emphasis from Dioceses "instituting the mode of trying" priests and deacons to Dioceses "constituting the courts" to try them "profoundly changed" the balance of power between the Dioceses and General Convention:The wording adopted in 1901, however, profoundly changed this Constitutional scheme. [read post]
15 Oct 2023, 4:58 am
As a default, we have set this to a 13-month schedule. vi) The term of the probation period (more on this below). vii) The exact amount of wages during the probation period. d) The address of the workplace, if different from the registered office. e) For the Non-Competition Agreement: i) The term of the employment contract. ii) The term of the Non-Competition… [read post]
3 Jul 2014, 4:13 am
As indicated by a previous post and in the Wall Street Journal here[vi], medical records have apparently become the hackers preferred booty in the data piracy sea. [read post]
23 Aug 2017, 5:16 am
[vi] Judge Adams should care more about the federal judiciary writ large than he cares about himself. [read post]
23 May 2018, 8:12 am
Clarke and Upper Skagit are clear: (1) litigation should not be the primary device to resolve disputes with any sovereign government and (2) there is no legal basis to impose different legal principles as between State and tribal sovereigns unless Congress, vested with plenary power vis-à-vis tribes in the Constitution, expressly articulates one. [read post]
