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29 May 2022, 8:42 am by Russell Knight
“The limitation that lay witness opinion testimony be rationally based on the witness’ perception reflects the general requirement that a witness must have personal knowledge of the matter to testify to it. [read post]
4 Dec 2009, 3:10 am by Daniel E. Cummins
McGinley noted that "[t]he entire cause of action, whether sounding in tort or contract, arises from the same set of facts. [read post]
1 Jun 2018, 8:23 am by Eugene Volokh
The word "adultery" generally means voluntary sex between two people, at least one of whom is married (but not to the other participant). [read post]
31 Jan 2013, 7:46 am by Daniel Richardson
  They note that the Board had approved this as a 63-megawatt project, but that it had also approved a type of turbine blade that the Towns noted would generate 64.575 megawatts. [read post]
6 Nov 2018, 1:49 pm by Howard Knopf
The Government’s IP Strategyannounced on April 26, 2018 along with a promise to spend $85.3 million as part of the Budget  was extremely vague in general and devoid of any specific documents. [read post]
26 Jul 2018, 11:16 am by Eugene Volokh
It's conceivable that some of the disruptions in 2014 and 2016 -- which sound like people making loud noise -- violated some content-neutral rules barring disruptions of public meetings; but there seems to be no evidence that the Nelsons were convicted or even charged for such supposed misconduct, and thus no finding that the behavior rose beyond the level of normally raucous public debate. [read post]
28 Jun 2021, 10:16 am by Cyberleagle
One of the more perplexing provisions of the draft Online Safety Bill is its multi-level definition of legal but harmful content (lawful but awful content, to give it its colloquial name). [read post]
4 Jan 2010, 9:01 pm by admin
Click Here Horsehead Corp., Clean Water Action settle lawsuit over alleged Clean Air Act violations. [read post]
3 Jun 2022, 10:03 am by Robert B. Milligan
The Third Circuit held that plaintiff had described its trade secret “with sufficient particularity to separate it from matters of general knowledge in the trade or of special knowledge of those persons who are skilled in the trade, and to permit the defendant to ascertain at least the boundaries within which the secret lies. [read post]
30 Sep 2024, 9:55 am by Joel R. Brandes
 September 25, 2024In a family offense proceeding, the fact that some of the alleged conduct occurred years earlier is not dispositive, as “the issue is the imminence of the danger and not the age of the threat” However, the frequency and age of the alleged conduct is relevant in assessing whether there is “a pattern of imminent and ongoing danger to the” petitioner In Matter of Boltz v Geraci, --- N.Y.S.3d ----, 2024 WL 4229688, 2024 N.Y. [read post]
”[14]  The Second Circuit iterated that this standard implicitly requires production income to exceed operating expenses, and that Louisiana courts generally look to a 12 or 18 month period in determining whether a lease is producing in paying quantities.[15] After receiving Gloria’s Ranch’s December 3, 2009 letter, Tauren and Fossil’s attorney provided operating statements showing that the wells in Sections 9 and 16 made a net income of $16,265 and $25,383,… [read post]
22 Feb 2011, 1:32 pm by WIMS
Griffith (R-VA) prohibiting the EPA, Corps of Engineers and the Office of Surface Mining from implementing coordination procedures that have served to extend and delay the review of coal mining permits. [read post]
21 Nov 2007, 4:01 pm by Phil Cameron
Visitors' galleries provide daytime glimpses of some equipment, but doors are generally locked at night so that astronomers can work without distractions. [read post]
”[14]  The Second Circuit iterated that this standard implicitly requires production income to exceed operating expenses, and that Louisiana courts generally look to a 12 or 18 month period in determining whether a lease is producing in paying quantities.[15] After receiving Gloria’s Ranch’s December 3, 2009 letter, Tauren and Fossil’s attorney provided operating statements showing that the wells in Sections 9 and 16 made a net income of $16,265 and $25,383,… [read post]