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6 Feb 2024, 5:22 am by Eliav Lieblich
Second, the United States is not party to API, and the DoD Manual does not explicitly embrace the Fundamental Guarantees regime as binding. [read post]
5 Feb 2024, 1:56 pm by Peter J. Stuhldreher, Paul M. Knettel
Section 1981 does not contain a statutory limitations period, so courts typically apply the most analogous state statute of limitations, which in Texas is generally either two or four years (depending on the specific type of claim alleged). [read post]
5 Feb 2024, 10:06 am by Kevin LaCroix
In the following guest post, Anne Catapano, VP Financial Lines Claims, Ascot Insurance Company, Christina Errico, VP, Professional Liability Claims Manager, Ascot Insurance Company, Elan Kandel, Member, Bailey Cavalieri LLC, James Talbert, Associate, Bailey Cavalieri LLC and Tyler Hopkins, Associate, Bailey Cavalieri LLC, review the past year’s key management and professional liability insurance coverage decisions. [read post]
5 Feb 2024, 5:44 am by Unknown
The court accordingly affirmed the district court's judgment dismissing the complaint.The case is No. 23-154. [read post]
5 Feb 2024, 4:00 am by Michael C. Dorf
Whether that is correct--or whether, alternatively, the "soft" judicial review one sees in Canada, the UK under Section 4 of the Human Rights Act, and elsewhere is only soft in theory but hard in fact, as some other scholars argue--is a question that goes way beyond my expertise as a dilettante comparativist.What I can say is that, insofar as the Notwithstanding Clause does substitute for wind-down authority or vice-versa, the phenomenon is quite common. [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
  Under that standard, the First Amendment does not preclude punishment for incitement if it is established that the speech in question was “directed to inciting or producing imminent lawless action” and was “likely to incite or produce such action. [read post]
4 Feb 2024, 7:14 am by Simon Holzer (MLL Legal Ltd.)
Spirig argued that the SPC for the combination of sitagliptin and metformin was invalid and referred to the ruling of the German Federal Patent Court of 23 June 2021 that held the German SPC for sitagliptin and metformin invalid (decision of the German Federal Patent Court 3 Ni 2/20 combined with 3 Ni 24/20 and 3 Ni 3/21 of 23 June 2021. [read post]
2 Feb 2024, 7:27 am by Marty Lederman
”  The Colorado Secretary of State adds (Br. at 23), somewhat obliquely, that the Colorado legislature “direct[ed]“ Colorado’s courts “to implement the promise of the Fourteenth Amendment. [read post]
2 Feb 2024, 5:00 am by Beatrice Yahia
Najib’s fine has also been reduced to $10.6 million, but he faces a one year prison extension if this is not paid by his scheduled release date of Aug. 23, 2028. [read post]
1 Feb 2024, 9:48 am by Daniel M. Kowalski
” This one sentence alludes to the elements of a motion to reopen, but does not explain how they apply to Davis’s case. [read post]
1 Feb 2024, 7:00 am by Norman L. Eisen
Trump, Case No.: 1:23-cv-03773 (civil removal proceedings) Order granting Trump notice of motion to dismiss 2nd Circuit appeal of district court order denying his removal petition in New York (Nov. 15, 2023) Trump notice of motion to dismiss 2nd Circuit appeal of district court order denying his removal petition in New York (Nov. 14, 2023) Trump notice of appeal to 2nd Circuit Court of Appeals (July 28, 2023) Order and opinion denying Trump motion to remove and granting State of New York… [read post]
1 Feb 2024, 5:01 am by Beatrice Yahia
The vote was 23-23 with Mayor Brandon Johnson breaking the tie. [read post]
31 Jan 2024, 9:01 pm by renholding
Court of Appeals for the Ninth Circuit, contrary to the Second Circuit, has held that “Item 303 does not create a duty to disclose for purposes of Section 10(b) and Rule 10b-5. [read post]
31 Jan 2024, 2:03 pm by Carl Shusterman
Garland (5-24-23) Matter of Fernandes – BIA (4-2-22) Deciphering Matter of Fernandes (12-5-22) Singh v. [read post]
31 Jan 2024, 6:22 am by Guest Author
”[23] Notice-and-comment rulemaking in particular, which is at issue in Cargill, is not subject to the same separation of powers concerns. [read post]
30 Jan 2024, 9:02 pm by renholding
 The upshot: so long as a defendant says what the SEC wants to hear (or says nothing at all), he does not violate the No-Admit-No-Deny Provision. [read post]