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22 May 2024, 4:03 am by Andrew Lavoott Bluestone
However, a claim for fraud can be predicated upon an omission of material fact (Pasternack, 27NY3d at 827), and here, Wright alleges that Cohen’s “silent acquiescence with Mr.Petrokansky’s misrepresentations does not excuse him of liability” (NYSCEF Doc No. 115,Wright mem of law at 2). [read post]
22 May 2024, 3:00 am by Shea Denning
Weir, 455 U.S. 603 (1982) (per curiam) (holding that cross-examining a defendant regarding his silence after arrest but before Miranda warnings are given does not violate due process). [read post]
21 May 2024, 8:17 am by Phil Dixon
Illegal reentry statute was not enacted with a discriminatory purpose and does not violate Equal Protection U.S. v. [read post]
21 May 2024, 5:55 am by itars sis
Nevertheless, the AI Office’s role does not imply to verify or proceed to “a work-by-work assessment of the training data in terms of copyright compliance. [read post]
20 May 2024, 10:30 pm by Jesse Peters
Indeed, how could legal advice that was not negative about the Commission’s proposal make it more difficult to defend the eventually adopted Regulation in court (Judgment, para 75)? [read post]
20 May 2024, 3:43 pm by Xandra Kramer
In this context, as explained by Michaels and Sommerfeld, while the CSDDD applies to certain non-EU firms based on their turnover in the EU (Article 2(2)), jurisdictional issues persist for actions against non-EU defendants in EU courts, with jurisdiction typically governed by national provisions. [read post]
20 May 2024, 1:33 pm
Benjamin Netanyahu, Yoav Gallant On the basis of evidence collected and examined by my Office, I have reasonable grounds to believe that Benjamin NETANYAHU, the Prime Minister of Israel, and Yoav GALLANT, the Minister of Defence of Israel, bear criminal responsibility for  the following war crimes and crimes against humanity committed on the territory of the State of Palestine (in the Gaza strip) from at least 8 October 2023: Starvation of civilians as a method of warfare as a war crime… [read post]
20 May 2024, 6:26 am by Kevin LaCroix
In this section, I list some methodologies that (1) have been widely accepted, (2) can be implemented in a highly efficient manner, and (3) are highly informative for the initial economic assessment stage. [read post]
20 May 2024, 4:15 am by Rebecca Hamilton
The ICC does not conduct trials in absentia so the case cannot progress to trial until the suspect is in the custody of the ICC. [read post]
19 May 2024, 9:05 pm by renholding
In these cases, contract law committed to human freedom must opt for an autonomy-enhancing default, even at the price of some inefficiency – as it does, for example, with pro-consumer and pro-homeowner defaults. (2) But contract law does not only enhance autonomy. [read post]
19 May 2024, 8:06 am by Eugene Volokh
Hemmingway, where the Court of Appeals of Wisconsin held that because a defendant's speech was "incidental to and evidence of his intent to engage in a course of conduct that he knew or should have known would instill fear of violence in [the victim,] such stalking conduct does not trigger First Amendment scrutiny or protection. [read post]
17 May 2024, 3:00 am by Jim Sedor
Watchdog groups were disappointed, saying the measure does not go far enough after the city council watered down a proposal that had included more sweeping changes, such as giving the volunteer Ethics Commission unilateral power to put items on the ballot. [read post]