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27 May 2022, 10:12 am by Eugene Volokh
Supreme Court and the majority of jurisdictions in the United States allow defensive use of nonmutual estoppel. [read post]
In coming to that decision, it reviewed the governing law from the Supreme Court of Canada’s 1995 decision in Weber v Ontario Hydro, where it considered whether an employee bound by a collective agreement could seek court remedies rather than going through the dispute resolution process outlined in the contract. [read post]
25 May 2022, 1:09 pm by JURIST Staff
Automatism as previously defined by the Court is “a state of impaired consciousness, rather than unconsciousness, in which an individual, though capable of action, has no voluntary control over that action” (R v Stone, paragraph 156). [read post]
24 May 2022, 4:16 pm by INFORRM
  If a claimant has lied in their pleadings or evidence, they could face contempt proceedings or a prosecution for perjury – rare, but not unheard of (see R v Jeffrey Archer and R v Jonathan Aitkin). [read post]
23 May 2022, 4:00 am by David Bilinsky
On May 12, 2022 the British Columbia Court of Appeal issued reasons in the case of: Trial Lawyers Association of British Columbia v. [read post]
22 May 2022, 12:25 pm by Eugene Volokh
A State is, of course, bound by the Just Compensation Clause of the Fifth Amendment, but here appellants have failed to demonstrate that the "right to exclude others" is so essential to the use or economic value of their property that the state-authorized limitation of it amounted to a "taking. [read post]
22 May 2022, 4:00 am by Administrator
A trial judge is not strictly bound by the prior declaration by a court of coordinate jurisdiction by virtue of s. 52(1). [read post]
20 May 2022, 12:37 pm
But here's what I know: Lower state courts are bound to follow holdings of higher state courts. [read post]
20 May 2022, 6:39 am by John Elwood
This case is sufficiently fact-bound that I don’t expect the court to grant plenary review and set the case for argument. [read post]
19 May 2022, 4:45 am by Miquel Montañá (Clifford Chance)
As it happens, all the contracting states that have consented to be bound by the PPA, except for France and Slovenia, have accepted the ICJ’s jurisdiction, so the ICJ would indeed have jurisdiction to decide a case between the other contracting states regarding the scope of art. 3 PPA. 3. [read post]