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14 May 2009, 9:00 pm
§ 2K2.1 cmt. n. 14(C) (defining 'another felony offense' as including any state offense 'punishable by imprisonment for a term exceeding one year'). [read post]
27 Sep 2011, 9:00 pm by Laurent Teyssèdre
Ce sujet, qui à ma connaissance, n'a pas encore été tranché par la jurisprudence, a été longuement discuté et commenté en février sur le blog "Tufty the cat". [read post]
3 Jan 2007, 4:14 pm
  On that issue, the court did not seem bothered by the fact that LUC's decision is essentially immune:Lastly, the Hui argues that, "[i]f the [c]ircuit [c]ourt has no jurisdiction to determine if an appellant were entitled to a contested case hearing after having requested one, any agency could arbitrarily and capriciously deny anyone a hearing at any time, regardless of whether such hearing were required by law, and the aggrieved party could never obtain… [read post]
28 Mar 2016, 5:01 am by James Edward Maule
The court acknowledged that although section. 7806(b) provides that “[n]o inference, implication, or presumption of legislative construction shall be drawn or made by reason of the location or grouping of any particular section or provision or portion of” the Code and that “descriptive matter relating to the contents of * * * [the Code cannot] be given any legal effect”, it had previously held, in Corbalis v. [read post]
Indeed, the application of Article 7(1)(f) EUTMR is not limited by the principle of freedom of expression (Article 10, Freedom of expression, European Convention on Human Rights) since refusal of registration only means that the sign is not granted protection under trade mark law and does not prevent the use of the sign – even in commercial matters (09/03/2012, T-417/10, ¡Que buenu ye! [read post]
10 Dec 2014, 8:10 am by Lawrence Kasperek
Quintieri, 306 F3d 1217, 1228-29 n. 6 (2d Cir 2002). [read post]
9 Feb 2012, 5:00 am by Bexis
West Virginia Regional Jail & Correctional Facility Authority, 74 F.3d 46, 48-49 (4th Cir. 1996) (“plain language of §1447(c) gives no discretion to dismiss rather than remand an action removed from state court over which the court lacks subject-matter jurisdiction”); but see Maine Ass’n of Interdependent Neighborhoods v. [read post]
12 Aug 2020, 7:08 am by Matthias Weller
That case-law has subsequently been reiterated and extended more generally to cessation orders under Directive 2009/22 (see, to that effect, judgment of 28 July 2016, Verein für Konsumenteninformation, C? [read post]