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In determining the appeal ([2018] EWCA Civ 170), Lady Justice Sharp approved Mitting J’s approach to establishing the meaning: “The Judge directed himself explicitly by reference to the well-established principles set out in Jeynes v News Magazines Limited [2008] EWCA Civ 130 (as qualified in Rufus v Elliott [2015] EWCA Civ 121); moreover, since he had merely used the dictionary definitions as a check and no more, his ultimate… [read post]
24 Jan 2019, 12:08 am by INFORRM
In determining the appeal ([2018] EWCA Civ 170), Lady Justice Sharp approved Mitting J’s approach to establishing the meaning: “The Judge directed himself explicitly by reference to the well-established principles set out in Jeynes v News Magazines Limited [2008] EWCA Civ 130 (as qualified in Rufus v Elliott [2015] EWCA Civ 121); moreover, since he had merely used the dictionary definitions as a check and no more, his ultimate reasoning was sound. [read post]
31 Jul 2023, 4:47 pm by INFORRM
On the other hand, the Colorado restriction might not survive the application of United States v United Foods, Inc 533 US 405 (2001), where obligations upon fresh mushroom handlers pay assessments used primarily to fund advertisements promoting mushroom sales did not survive Central Hudson scrutiny as mediated through Glickman v Wileman Brothers & Elliott, Inc 521 US 457 (1997). [read post]
20 Jun 2011, 9:00 am
Judgment Released: April 5, 2011   Link to Judgment The costs of an abandoned summary judgment motion under new Rule 20.06, which eliminates the presumption in favour of substantial indemnity costs, should be approached as follows: (1)   The respondent on the motion for summary judgment is presumed to be entitled to costs payable forthwith on a partial indemnity [...] [read post]
7 May 2016, 6:40 am by admin
Guest post by Richard Elliott Member of the Ontario and New York bars Canada’s Commissioner of Competition (Commissioner) and Parkland Fuel Corporation (Parkland) recently settled their outstanding merger proceedings before the Competition Tribunal (Tribunal) in respect of Parkland’s acquisition of Pioneer Energy (the “Parkland” case).[1] Since the case did not proceed to a final decision on the merits, this note considers an unresolved issue emanating from… [read post]
24 Jan 2011, 5:07 pm by Colin O'Keefe
- Toronto lawyer Shawn Neylan of Stikeman Elliott on the firm's blog, The Competitor New ALTA Survey Standards Approved To Take Effect in February - Atlanta attorney Kevin Caiaccio on his blog, Southeast Real Estate Advisor Old Formula for Success No Longer Applies: What is the New Formula? [read post]
17 Apr 2012, 5:35 pm by Colin O'Keefe
That continues this week as they've been all over Christopher v. [read post]
4 May 2014, 9:00 pm by Ritika Singh
Event Announcements (More details on the Events Calendar) Mon, May 5 at 9:30 am: Oral arguments in Ralls Corporation v. [read post]
22 Jul 2020, 5:30 am by Robert Brammer
He was later transferred to New Orleans, but was dismissed from the Treasury Department in 1882. [read post]
8 May 2019, 10:30 am by Matthew Scott Johnson
Gonzalez’s article The New Batson: Opening the Door of the Jury Deliberation Room After Peña-Rodriguez v. [read post]
2 Feb 2017, 10:52 am by pscamp01
Harlan was 26 years old at the time and young Harlan the slaveholder was quite a different man than Harlan the author of the Plessy v. [read post]
6 Apr 2015, 4:01 pm by INFORRM
The trial in Razzaq v Blackheath Jamia Mosque Trust and Others ended prematurely with an order for summary judgment in the defendants’ favour, There were two trials of specific issues in libel case Rufus v Elliott ([2015] EWHC 807 (QB)), a trial of a preliminary issue on meaning. [read post]