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18 May 2011, 5:13 am
One incurs in it, among others and in the relevant part, when the judge, in the decision he or she emits, does not take into account or ignores, without basis for doing so, and important material fact that could not be bypassed; when on the contrary, the judge, without justification and without any basis for doing so, gives great weight and value to an irrelevant fact and bases the decision exclusively on it; or when, despite considering and taking into account all of the material… [read post]
24 Jun 2021, 11:53 am
Vimeo, Inc., 991 F.3d 66 (2d Cir. 2021): “the mere fact that Appellants’ account was deleted while other videos and accounts discussing sexual orientation remain available does not mean that Vimeo’s actions were not taken in good faith. [read post]
3 Oct 2012, 8:14 am
The SCOV agrees, but it goes one step further and examines the concept of what a collateral assignment in a mortgage means. [read post]
16 May 2011, 8:08 pm
After accounting for all the numbers, the result is compared to a standard numerical value to indicate the overall level of deception. [read post]
23 Aug 2022, 5:00 am
The appellate court reasoned that the term “feasible” is a “flexible concept that can outrank and overpower what might otherwise qualify as alternatives to the proposed project. [read post]
3 Sep 2013, 4:00 am
But the line of reasoning that focuses on the old, common law definition of larceny neglects to take account of the fact that the modern definition of property for purposes of theft statutes has been broadened to include both tangible and intangible property.5 For example, the paradigmatic Model Penal Code, published first in 1962 by the sages at the American Law Institute, defines property for purposes of theft very broadly: “‘property’ means anything of value, including… [read post]
7 Sep 2010, 9:24 am
Arkema Inc. [read post]
4 Oct 2011, 8:48 pm
The inherent fluidity of the concept of development, coupled with the absence of any language within Article 25 of the ICSID on the international right to development, further supports the view that the Convention did not intend to impose development contributions as a strict condition or mandatory criterion before gaining access to ICSID jurisdiction. [read post]
15 Dec 2011, 6:25 am
Articles 34 and 36 of the Uncitral Model Law on International Commercial Arbitration: The Court's Discretion Amokura Kawharu Faculty of Law, University of Auckland Abstract: The opening paragraph of art 34(2) Model Law provides that “an arbitral award may be set aside by the court…”. [read post]
31 Jan 2018, 1:45 am
Individual Income Tax Conformity State and local individual income taxes account for 23.5 percent of state and local government tax collections nationwide, compared to the 3.7 percent which comes from corporate income taxes.[6] Consequently, even though the 2017 federal tax reform bill made more changes to corporate than personal taxation, the latter are of far greater significance to state government finances. [read post]
27 Nov 2015, 6:07 am
(I need to preface this post with a caveat: It is very long because it addresses difficult issues involved in deciding when a Public Records Act applies to a state employee's use of his/her cell phone to conduct official business. [read post]
16 Jul 2013, 8:55 am
Welcome to Abbott & Kindermann’s 2013 CEQA update. [read post]
2 May 2016, 8:54 pm
Applicable Legal Standards Official description: Actual and “red flag” knowledge requirements; financial benefit/right to control test; willful blindness; repeat infringers; good-faith requirements and Lenz; misrepresentation; fair use; use of representative lists; availability of injunctive relief; use of subpoenas; role of “standard technical measures”; and other pertinent issues. [read post]
27 Jun 2023, 9:01 pm
Thank you, Christina [Maguire], for that introduction and congratulations on becoming President and CEO of the Society [for Corporate Governance] (the “Society”) this past January. [read post]
25 Mar 2024, 1:15 pm
District Judge Richard Leon agreed with the plaintiffs that the Federal Reserve had misconstrued the statute, finding that in setting permissible interchange fees, the agency had taken into account banks’ costs that the statute did not allow the agency to consider.[4] Judge Leon understood that he could not choose a lower cap on interchange fees himself. [read post]
November 30, 2009 – Environmental Law Settlements, Decisions, Regulatory Actions and Lawsuit Filings
30 Nov 2009, 9:25 am
— Toledo Blade, November 26, 2009 Sunoco Inc. has agreed to pay a $32,250 civil fine to the Ohio Environmental Protection Agency for deficiencies found at its Toledo Refinery during inspections in April, 2008. [read post]
29 Jul 2011, 5:23 pm
Countrywide Home Loans, Inc., No. [read post]
22 Mar 2021, 8:01 am
Mike Nagata, senior vice president of CACI International Inc.; retired Lt. [read post]
28 Mar 2022, 7:30 am
Plaintiff and Miller gave different accounts of what happened next, but it is undisputed that Miller shot plaintiff, who was unarmed, in the stomach and that plaintiff suffered serious injuries. [read post]
28 Mar 2022, 7:30 am
Plaintiff and Miller gave different accounts of what happened next, but it is undisputed that Miller shot plaintiff, who was unarmed, in the stomach and that plaintiff suffered serious injuries. [read post]
