Search for: "Matter of S.W."
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14 Dec 2011, 6:30 am
State, __ S.W.3d __, 2011 WL 6091330 (Arkansas Supreme Court 2011). [read post]
10 Dec 2014, 5:29 am
Coughlin, supra.The Court of Appeals began its analysis of the arguments on appeal by explaining thatsummary judgment is proper only when there are no genuine issues of material fact to be litigated, and the party is entitled to judgment as a matter of law. [read post]
18 Mar 2016, 2:37 am
Today, the Massachusetts Appeals Court will be hearing arguments in Van Valkerburg v. [read post]
1 Apr 2015, 4:30 am
Does the FDA’s conclusion call off preemption no matter what were the reasons behind the conclusion, or whether those reasons were earlier known by the defendant? [read post]
6 Mar 2014, 12:41 pm
., 351 S.W.3d 168 (Ark. 2009), the Arkansas Supreme Court construed that state’s safe harbor – for "permitted" activity − as precluding consumer protection claims involving statements made in advertising for FDA-approved products:Arkansas’s [statute] contains a safe harbor provision that specifically exempts conduct that is permitted under laws administered by a federal agency. . . . [read post]
5 Aug 2010, 8:28 am
These ATTM allies argue that it does not matter what the evidence in a case would show, that it does not matter what the state law at issue says, and that there is simply a federal right for any corporation to put in any contract a term that bans class actions (so long as the contract includes an arbitration clause). [read post]
31 Mar 2011, 1:00 pm
Anguilla International Extradition Treaty with the United States June 8, 1972, Date-Signed January 21, 1977, Date-In-Force (The treaty applicable to the Anguilla was signed with the United Kingdom.) [read post]
2 Oct 2008, 12:36 pm
Wal-Mart Stores, Inc., 30 S.W.3d 455, 463 (Tex. [read post]
9 Jun 2014, 5:32 pm
McLemore, 978 S.W.2d 568, 571 (Texas Supreme Court 1998). [read post]
9 Mar 2011, 1:32 pm
Excess Underwriters at Lloyd's, London et al vs Frank's Casing, 246 S.W. 42 (Tex. 2008). [read post]
13 Sep 2007, 10:48 am
Last week the New Jersey Supreme Court, in a unanimous decision (6-0) ordered a nationwide third-party payer class action decertified. [read post]
26 Feb 2023, 5:30 pm
Sayles, 850 S.W. 2d 858 (Mo. 1993)). [read post]
27 Jul 2015, 12:40 pm
Code § 19-20-20 is not a simple factual matter of which a magistrate or circuit court can take judicial notice. [read post]
27 May 2011, 9:18 am
The statutory grounds for modifying an arbitration award are likewise similar under the FAA and the TAA: that the arbitrators made an award on a matter not submitted to them or there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award. 9 U.S.C. [read post]
25 Jul 2008, 6:48 pm
Term. of Parent-Child Rel. of S.W., and Carmen S. v. [read post]
18 Oct 2007, 10:33 pm
Marshall, 850 S.W.2d 155 (Tex. 1993), and precluded the discovery, but the reversal was not based on preemption grounds.The next FDA amicus brief to argue in favor of preemption - and the first to take a pro-preemption position on a matter of substantive law - involved what have become known as "fraud-on-the-FDA" claims. [read post]
19 Nov 2019, 9:17 am
North Carolina’s statute does not contain an explicit directive barring further prosecution of the matter in the same way that New York’s CPL 190.75 (3) does. [read post]
27 May 2011, 9:18 am
The statutory grounds for modifying an arbitration award are likewise similar under the FAA and the TAA: that the arbitrators made an award on a matter not submitted to them or there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award. 9 U.S.C. [read post]
26 Feb 2023, 5:30 pm
Sayles, 850 S.W. 2d 858 (Mo. 1993)). [read post]
12 Oct 2007, 7:03 am
SSM Healthcare System, 19 S.W.3d 678, 682 (Mo. 2000); La. [read post]
