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16 Mar 2020, 11:20 am by Peter Groves
"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 by Peter Groves
"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 by INFORRM
   As the Judge pointed out, the Claimants 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]
13 Apr 2017, 7:11 am by Joy Waltemath
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]
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 claimants 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 by Donald Dinnie
Prior to the claimants 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]
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 claimants, obligation to submit evidence. [read post]
5 May 2022, 6:31 am by Weiss & Weiss
  The corporation’s governing documents would then determine how the corporation would disburse the funds. [read post]
17 Aug 2011, 10:20 am by Gregory Dell
In a recent lawsuit filed against Aetna Life Insurance in New York, the claimants 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]
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]