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15 Oct 2015, 7:44 am by Jan von Hein
The new volume contains the following contributions: Doctrine Linda J. [read post]
7 Oct 2015, 6:06 am by Ronald Mann
But when Landau yielded the podium to Thomas Goldstein (representing Imburgia) the tone of the argument changed noticeably. [read post]
6 Oct 2015, 3:05 am by Kevin LaCroix
The U.S. government’s petition for writ of certiorari in the case of United States v. [read post]
5 Oct 2015, 3:11 am by Peter Mahler
Later that evening, attendees get a chance to socialize and talk shop at the Lubaroff Award Dinner which this year will honor James J. [read post]
27 Sep 2015, 1:13 am
Now it's the turn of Roland Mallinson to add his weight to Thomas's, with the following analysis:I agree with your poster, Thomas Farkas -- as he did with my earlier one commenting on the Advocate General’s opinion (here). [read post]
20 Sep 2015, 8:14 am by Thomas G. Heintzman
On the jurisdictional issue, the Court of Appeal held that the court in Ecuador had a real and substantial connection with the subject matter of the dispute or with the defendant Texaco (now Chevron). [read post]
17 Sep 2015, 6:01 am by Administrator
He said: Apart … from the question of contract …, it is said that in revenue cases there is a doctrine that the Court may ignore the legal position and regard what is called “the substance of the matter”, and that here the substance of the matter is that the annuitant was serving the Duke for something equal to his former salary or wages, and that therefore, while he is so serving, the annuity must be treated as salary or wages. [read post]
14 Sep 2015, 4:32 pm by Kevin LaCroix
While one might argue that the class action mechanism renders such knowledge defenses irrelevant as a matter of collateral estoppel, a class benefitting from the Basic presumption is never accurately defined merely as purchasers between dates “X and Y,” but rather should be defined as purchasers between dates “X + Y, who did not know or believe that the misrepresentation was false or that an omission occurred. [read post]
27 Aug 2015, 12:51 pm by Schachtman
And even if this charade, of calling Fleming as a fact witness, were some sort of tactical cat-and-mouse litigation game between government and defendant, certainly the trial judge should have taken control of the matter by disallowing a witness, not tendered as an expert witness, from offering opinion testimony on arcane statistical issues. [read post]
6 Aug 2015, 6:21 pm by Kevin LaCroix
John Reed Stark David Fontaine It is well understood by now that cyber security is a concern for every organization and that it is an issue on which every company’s board should be focused. [read post]
20 Jul 2015, 9:07 am by Marty Lederman
It's been almost a year since my last series of posts on the fallout from Hobby Lobby--in particular, on the challenges by nonprofit organizations to the government's augmented religious accommodation. [read post]