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1 Oct 2015, 5:48 am
They cannot be restricted unless by express stipulation to that effect. [read post]
14 Oct 2010, 12:48 pm
., A-1429-09T3, October 14, 2010: A motion for reconsideration pursuant to Rule 4:49-2 should be granted only where “(l) the [c]ourt has expressed its decision based upon a palpably incorrect or irrational basis, or (2) it is obvious that the [c]ourt either did not consider, or failed to appreciate the significance of probative, competent evidence. [read post]
4 Jul 2008, 9:54 am
The content industries wil have all their arguments marshalled already: those of us who worry about freedom of expression, surveillance by DRM, loss of private data and promotion of innovation should start thinking about ours too. [read post]
1 Oct 2015, 5:48 am
They cannot be restricted unless by express stipulation to that effect. [read post]
9 Jan 2019, 4:00 am
Attorney General and Minister for Francophone Affairs, Caroline Mulroney, and Ontario’s first Francophone Chief Justice, Chief Justice Lise Maisonneuve, were joined at the launch by a range of people who work at organizations devoted to access to justice for Franco-Ontarians, including the Association des juristes d’expression française de l’Ontario (AJEFO), the Centre francophone de Toronto, the Action ontarienne contre la violence faite aux femmes, Mouvement des… [read post]
28 Oct 2009, 8:10 am
” The court defined those circumstances as follows: Reconsideration should be used only for those cases which fall into that narrow corridor in which either (l) the [c]ourt has expressed its decision based upon a palpably incorrect or irrational basis, or (2) it is obvious that the [c]ourt either did not consider, or failed to appreciate the significance of probative, competent evidence. [read post]
5 May 2010, 8:41 am
Courts will generally decline to substitute new or different contractual provisions for those clearly expressed by the parties in their original agreement. [read post]
23 Aug 2019, 9:04 pm
“The return of the public health function to local government in 2013 meant many directors of public health were placed in structures in which they are line managed by directors of adult social care, with restrictions placed on their scope for action and freedom of expression. [read post]
22 Jun 2010, 8:08 pm
The Rule expresses “a strong presumption favoring argument of motions other than calendar matters and routine discovery applications. [read post]
18 Nov 2009, 10:14 am
Where the meaning of the agreement is in dispute, "[t]he court's role is to consider what is written [in the agreement] in the context of the circumstances at the time of drafting and to apply a rational meaning in keeping with the 'expressed general purpose.'" Pacifico v. [read post]
18 Aug 2009, 2:04 am
" The court found, following Essex County Council v Premier Recycling Ltd [2006] EWHC 3594, that in order to amount to an agreement not to appeal an arbitration award, as envisaged by section 69(1) of the Act, sufficiently clear wording was necessary, although no express reference to section 69 of the Act was required. [read post]
1 May 2023, 5:02 pm
The Modern Law Review is funding the workshop and has expressed interest in considering papers present in the workshop for publication. [read post]
6 Jul 2010, 11:29 pm
Essex County Council [2008] EWCA Civ 364, [2008] ELR 321 which is due soon. [read post]
23 Apr 2014, 3:08 pm
Supreme Court (American Express Co. v. [read post]
27 Jun 2008, 1:31 pm
Thus storyline patents would not carry out the constitutionally mandated purpose behind the patent laws - i.e., to promote the progress of science and the useful arts.Under current law, if a potential author reads a Narrative of the Most Extraordinary and Distressing Shipwreck of the Whale-Ship Essex and thinks he can do a better job telling the story, he may make an attempt. [read post]
8 Feb 2010, 9:54 am
The Rule expresses “a strong presumption favoring argument of motions other than calendar matters and routine discovery applications. [read post]
28 Mar 2009, 2:00 am
Upon graduation, Evan will serve as a Judicial Law Clark in the Chancery Division-General Equity in Essex County, New Jersey. [read post]
27 Jul 2010, 9:55 am
Specific performance may be withheld “where the evidence reveals that, through mutual or unilateral mistake, the writing does not give expression to the common intention. [read post]
26 May 2010, 9:46 am
For example: [A]lthough a spouse cannot maintain the marital standard of living on the support payments received, this would not ordinarily warrant modification if it were shown that a single large cash payment made at the time of divorce was included with the express intention of meeting the rising cost of living. [read post]
24 Feb 2010, 12:41 pm
See Merchants Express Money Order Co. v. [read post]
