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6 Apr 2021, 11:29 am by Jonathan Bailey
Bank, leaving factual determinations to the jury and reviewing the ultimate question, a legal question, de novo.Google v Oracle Majority Opinion Though the court agrees there are factual questions as part of the fair use analysis that juries can and should resolve, the legal questions can and should be decided by judges, including Appellate Court judges. [read post]
29 Sep 2013, 2:11 pm by Cindy Cohn
The government is using phone records for these activities, but says it is not using the database it creates under the so-called 215 program or, as EFF calls it in our First Unitarian Church v. [read post]
29 Sep 2013, 2:11 pm by Cindy Cohn
The government is using phone records for these activities, but says it is not using the database it creates under the so-called 215 program or, as EFF calls it in our First Unitarian Church v. [read post]
Moylan J considered four elements of new evidence, namely the MLA evidence, the testimony of Mr Gohil’s father which he gave in support of Mrs Gohil’s case, transactions in bank statements from Bank Schroder (the Odessa accounts) and the purchase of two flats in Mumbai. [read post]
7 Jul 2020, 5:21 am by Florence Campbell Jones
The recent case of Barclays Bank Plc v Various Claimants [2020] UKSC 13 clarified the English law position that a principal cannot be vicariously liable for the acts of an independent contractor. [read post]
22 Jan 2020, 4:47 am by Andrew Lavoott Bluestone
The test shall be one of”usefulness and reason” (see Andon v 302-304 Mott Street Assocs., 94 NY2d 74 0, 74 6 [2000]; Spectrum Systems International Corporation v Chemical Bank, supra; Allen v Crowell-Collier Pub!. [read post]
2 Jul 2012, 1:33 am by Daniel West
Norwich Pharmacal orders were originally commonly used in fraud case, for example against banks to identify customers who had used accounts with those banks to facilitate a fraud. [read post]
5 Mar 2014, 4:00 am by Kimberly A. Kralowec
I barely made it into the packed courtroom for the Duran argument yesterday. [read post]