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20 Feb 2019, 2:13 pm by admin
Under these Constitutions, the jury was charged with determining the necessity of the proposed improvement and the necessity for taking the particular property in question.8 The jury acted as a “jury of inquest” authorized to determine issues of both law and fact. [read post]
9 May 2024, 2:00 pm by Joanna Herzik
The Arizona firm waited for their bank’s notification that the check they received from the “debtor” was valid before issuing payment to “Groat Machinery, Inc. [read post]
10 Jul 2024, 8:25 am by Joanna Herzik
The Arizona firm waited for their bank’s notification that the check they received from the “debtor” was valid before issuing payment to “Groat Machinery, Inc. [read post]
9 May 2022, 8:51 am by William C. MacLeod
”[7] Until recently, the court noted, the commission itself had repeatedly admitted it possessed no power to promulgate substantive rules,[8] and that the Supreme Court had impliedly rejected the existence of such power.[9] In his conclusion, Judge Robinson quoted Justice Louis Brandeis: What the Government asks is not a construction of the statute, but, in effect, an enlargement of it by the court, so that what was omitted, presumably by inadvertence, may be included within its… [read post]
23 Jul 2024, 2:51 pm by centerforartlaw
The Gap, Inc., designer On Davis (“Davis”) created unique eye jewelry, which they described as “sculptured metallic ornamental wearable art. [read post]
7 Apr 2014, 4:00 am by Terry Hart
” Frena Finally, one of the earliest cases involving copyright liability in the online context saw a bulletin board system (BBS) operator liable for directly infringing public display and distribution rights.8 Though there was only brief discussion in Frena, the court did say, “There is no dispute that Defendant Frena supplied a product containing unauthorized copies of a copyrighted work. [read post]
20 Dec 2018, 9:22 am by Schachtman
Robitzek, of the Squibb Institute for Medical Research.31 1954. [read post]
12 Oct 2009, 7:38 am
In many states, associations are pursuing non-judicial foreclosure against homeowners who have not paid their assessment fees. [8]  Many homeowners are outraged because they may be on the verge of losing their primary residence and their largest investment. [9]  What can homeowners associations do to collect their unpaid fees? [read post]
8 Sep 2015, 5:08 pm by Kevin LaCroix
  First, in a July 8, 2015 decision in Acevedo v. [read post]
12 Feb 2014, 9:25 am
Against Christ Church in Savannah, Georgia, GA; Bishop of the Episcopal Diocese of Georgia, Inc., The Episcopal Church, et al. v. [read post]
4 Oct 2010, 8:26 pm by Steve Bainbridge
In discussing how companies are using delaying tactics to stall hostile takeover bids (a subject for another day), Steven Davidoff opines: The trick is for courts to prevent this manipulation from depriving shareholders of the ultimate choice of when to sell the company. [read post]
29 Mar 2023, 6:41 am by Gretchen Knaut
We will continue monitoring the Manhattan investigation as it unfolds and update this chronology accordingly. *** Beginning around 2004: Former American Media Inc. [read post]
15 Mar 2012, 9:53 am by William McGrath
" However, she did not address the issues raised in a recent Bloomberg.com article (discussed here) that the claimed increase in the number of enforcement actions was not supported by a detailed examination of the statistics, which revealed that 31% of actions filed in 2011 were not new, but were follow-on administrative proceedings to institute penalties in cases previously brought. [read post]
16 Apr 2010, 6:00 am by Steven Peck
In a case of first impression, we hold: (1) protective orders issued under the Elder Abuse Act are reviewed for abuse of discretion, and the factual findings underpinning such protective orders are reviewed for substantial evidence; (2) protective orders under the Elder Abuse Act require proof by a preponderance of the evidence of a past act or acts of elder abuse; (3) in this case, there was substantial evidence of Nielsen's past acts toward Rubalee Bookout, which constituted abusive,… [read post]
31 Dec 2023, 4:00 am by Administrator
One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. [read post]