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27 Nov 2018, 3:17 pm
Rusch’s motion after a competency hearing. [read post]
16 Mar 2020, 11:20 am
"Likely" means more likely than not, according to the House of Lords in Cream Holdings v Bannerjee [2004] UKHL 44, [2005] 1 AC 253, although this ordinary meaning might have to be applied flexibly sometimes.The claimant argued that s. 12(3) did not apply, relying on the carve-out in Article 10(2) which allows freedom of expression to be curtailed to protect the rights of others - here, the claimant's proprietary rights in its confidential… [read post]
16 Mar 2020, 11:20 am
"Likely" means more likely than not, according to the House of Lords in Cream Holdings v Bannerjee [2004] UKHL 44, [2005] 1 AC 253, although this ordinary meaning might have to be applied flexibly sometimes.The claimant argued that s. 12(3) did not apply, relying on the carve-out in Article 10(2) which allows freedom of expression to be curtailed to protect the rights of others - here, the claimant's proprietary rights in its confidential… [read post]
29 Sep 2024, 9:15 am
As the Judge pointed out, the Claimant’s submission that the re-publication of the same material meant that the limitation period re-started was bad in law and ignored the effect of section 8. [read post]
3 Mar 2008, 8:00 am
Click here for the WSJ’s story and here for the AP’s. [read post]
29 Mar 2012, 7:42 am
There was one defendant and six claimants. [read post]
Belief that applicant could not safely repair locomotives did not mean BNSF regarded him as disabled
13 Apr 2017, 7:11 am
Further, the doctor’s statement that the three-point-contact rule is “well-established in industrial settings” did not show he believed the claimant unfit for other industries. [read post]
12 Dec 2014, 9:29 am
Such injuries are alleged by about 2,100 of the pending unsettled claimants. [read post]
1 Jun 2012, 4:35 pm
(Not always true but here’s the document. [read post]
27 Nov 2016, 11:30 pm
The defence might entitle a defendant to continue to use its own name or mark but it does not give a right to use the claimant’s mark. [read post]
19 Jan 2012, 6:31 pm
Based upon the claimant's testimony concerning his job search efforts, the Appeal Tribunal held that the claimant was disqualified from receiving unemployment benefits from May 23, 2010 through July 3, 2010 because he was not actively seeking work as required by N.J.S.A. 43:21-4(c)(1). [read post]
10 Dec 2021, 12:00 am
Prior to the claimant’s wife’s death, the joint estate was provisionally sequestrated by order of court. [read post]
5 Jan 2009, 10:59 am
The Second Circuit provided claimants with a holiday gift, when it decided McCauley v. [read post]
18 Aug 2018, 2:34 pm
On April 20, 2015, the Social Security Administration (SSA) put into effect new adverse evidence regulations which laid out both an attorney’s, and a disability claimant’s, obligation to submit evidence. [read post]
23 Nov 2018, 10:27 am
Sanha’s than CIGNA’s position. [read post]
5 May 2022, 6:31 am
The corporation’s governing documents would then determine how the corporation would disburse the funds. [read post]
17 Aug 2011, 10:20 am
In a recent lawsuit filed against Aetna Life Insurance in New York, the claimant’s disability benefits were denied due to a pre-existing condition. [read post]
25 Mar 2012, 6:32 am
This analysis is based the claimant's residual functional capacity (RFC) - what the claimant can do despite any impairments - in light of the type of jobs available in the national economy for someone with the claimant's age, education and experience. [read post]
7 Jun 2013, 9:45 am
In yesterday’s judgment, the CJEU reminded the principles of Courage and Crehan. [read post]
24 Feb 2016, 7:47 am
These gave rise to four threshold requirements which have to be satisfied before turning to the court's discretion in the usual sense, ie:(1) The ISPs must be intermediaries within the meaning of the third sentence of Article 11.(2) The users and/or the operators of the website must be infringing the claimant's trade mark(s).(3) The users and/or the operators of the website must use the ISPs' services to infringe.(4) The ISPs must have actual… [read post]