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8 Mar 2013, 2:37 pm by familoo
Whatever the position it’s now slightly unclear what the correct approach is vis a vis McKenzies, which is rather unfortunate less than a month before D day – an event which the Court of Appeal remarked upon with a degree of concern in the judgment itself, saying there would be more of this sort of issue coming up. [read post]
27 Feb 2019, 6:16 am by Ezra Rosser
This does not mean that federalism is an empty concept or that it does not exist in the ACA. [read post]
23 Nov 2016, 9:28 am by Frankl & Kominsky, P.A.
Indeed, although “a written policy or manual may be instructive in determining whether the alleged tortfeasor acted negligently . . . , [the policy] does not itself establish such a legal duty vis-a-vis individual members of the public. [read post]
18 Jun 2012, 8:03 am by Administrator
The DOL does not have the authority to make changes to ERISA, Congress does. [read post]
6 Feb 2009, 7:07 am by Thomas Elcock
The Complaint asserts claims for Breach of Fiduciary Duty (Count I); Common Law Fraud (Count II); Breach of Contract (Count III); Negligent Misrepresentation (Count IV); Breach of Duty of Good Faith (Count V) and Unjust Enrichment (Count VI). [read post]
28 May 2024, 11:42 am by Giles Peaker
Section 23 does not refer to a requirement to provide accommodation under Part VI of the Act for the straightforward reason that there is, as Lord Justice Bean explains, no such requirement. [read post]
20 Mar 2018, 7:00 am by Julian Ku
As such, the legislation is the “supreme law of the land” under Article VI of the U.S. [read post]
4 Sep 2014, 9:18 am
This kind of narrowing of such long-familiar commercial transactions does not make the idea non-abstract for section 101 purposes. [read post]
24 Sep 2015, 11:31 am by Lawrence B. Ebert
There is no genuine issue of material fact that AU ’168 does notdisclose L-lysine as part of a limited class of compoundsfor ‘A’. [read post]
20 Dec 2020, 5:38 am by Robert Chesney
Background: Why does the “dual-hat” arrangement exist, and why is there a debate about ending it? [read post]
1 Feb 2021, 11:27 am by Anastasiia Kyrylenko
The author argues that a national system, such as in Kenya, could serve as a model for further international steps: such norms lie closer to the needs of indigenous communities.In Chapter 7, “Folklore vis-à-vis Intellectual Property of Bengal since 17th century: A Study”, Mayuree Sengupta studies the synergism between folklore of Bengal and the modern IP regime. [read post]
29 Apr 2022, 12:10 pm by Lawrence Solum
If such decision maker has questionable motivations, lacks proper perspective, does not grasp the flexibility in the concepts in play, does not grasp the restraints on concepts in play, does not follow the proper processes involved, and lacks the detail, courage, and tenacity needed to reach the proper “deduction” or “call,” on the face of things the formalist, too, should have reason to re-examine any “deduction” or “call”… [read post]
23 Mar 2009, 7:40 pm
If the principal of her firm does nothing; if the trade association to whom she purports to be a member (but apparently isn't) does not care about who is using its logo and its name, and the National Structured Settlement Trade Association, of which Pardue is a member  does not enforce  Principle VI of  its published Code of Ethics  then what of the integrity and standards  of the structured… [read post]
5 Jun 2008, 9:54 pm
(vi) The prevention, detection, and removal of surreptitiously installed devices designed for eavesdropping orobservation, or both. [read post]
17 Mar 2022, 8:20 am by Tessa Shepperson
All it does is set out that the landlord must use a proper scheme and comply with the various requirements. [read post]
14 Jan 2022, 4:36 am by Russell Knight
Does mental cruelty and/or emotional abuse impact an Illinois divorce? [read post]