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17 Jun 2020, 1:12 am by Michael Douglas
In hearing the question of leave together with the appeal, then granting leave, the two key issues for determination by the Court of Appeal were: Whether a claim for unliquidated damages could fall within the scope of the arbitration clause which required claims to be concerning monetary amounts ‘under this agreement’ (the construction issue); and Whether Hannigan had waived his entitlement to arbitrate by bringing the proceedings in 2017 (the waiver issue). [read post]
5 May 2015, 3:26 pm by Brian E. Barreira
History of Medicaid Trust Law Reflects That Debtor-Creditor Analysis Is the Proper Standard of Review for Self-Settled Irrevocable Trusts Before 1985, a settlor could place the settlor’s assets in trust for the settlor and grant the trustee complete discretion to distribute principal back to the settlor. [read post]
5 May 2015, 3:26 pm by Brian E. Barreira
History of Medicaid Trust Law Reflects That Debtor-Creditor Analysis Is the Proper Standard of Review for Self-Settled Irrevocable Trusts Before 1985, a settlor could place the settlor’s assets in trust for the settlor and grant the trustee complete discretion to distribute principal back to the settlor. [read post]
7 Feb 2012, 12:13 am by Darren O'Donovan
This is significant, when we compare this judgment with the attitude of the English Court of Appeal in the 1994 case of R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Rees-Mogg. [read post]
1 May 2019, 7:51 am
Supreme Court on the basis that US courts lacked jurisdiction in that case (case opinion here: Kiobel v. [read post]
27 Jun 2008, 3:36 am
On November 9, 2007, Schwab also filed a Petition to StayExecution in the United States Supreme Court in light of theCourt's grant of certiorari in Baze v. [read post]
29 Mar 2013, 1:02 pm by Jeffrey P. Hermes
As Bob Ambrogi reports, on February 19, 2013, Massachusetts Superior Court Justice Peter Lauriat held a hearing in the case of Commonwealth v. [read post]
1 Jul 2012, 2:00 pm by Sam Murrant
In the courts Omar & Ors, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2012] EWHC 1737 (Admin) The Divisional Court held that Norwich Pharmacal principles (enables orders to be granted to obtain info from third parties to see whether there was unlawful conduct) cannot be used to obtain evidence from Foreign Secretary for use in a foreign court. [read post]
14 Mar 2020, 5:18 am
In addition to amounts otherwise made available, $100,000,000, to remain available through September 30, 2021, shall be available for the Secretary of Agriculture to provide grants to the Commonwealth of the Northern Mariana Islands, Puerto Rico, and American Samoa for nutrition assistance in response to a COVID–19 public health emergency: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i)… [read post]
19 Dec 2011, 4:00 am by Terry Hart
The question I’ve been asking in a series of recent posts is whether history can provide any insight into current claims that copyright law and the First Amendment conflict. [read post]
25 Mar 2013, 7:26 am by The Charge
  That case is pending in the Supreme Judicial Court under the caption Commonwealth v. [read post]
29 Jul 2022, 3:33 pm by Edward T. Kang
The crisis in Pennsylvania is so severe that it is decreasing the life expectancy in the commonwealth. [read post]
18 Nov 2019, 12:55 pm by Gordon Ahl, William Ford
Impeachment Hearings: Tuesday, November 19, 2019, at 9:00 a.m.: The House Permanent Select Committee on Intelligence (HPSCI) will hear testimony from Jennifer Williams, the special advisor for Europe and Russia in the office of the vice president, and Lt. [read post]
23 Oct 2023, 6:16 pm by Jeanne Huang
Whether a stay is granted under Australian law turns on whether the Australian court is ‘a clearly inappropriate forum’ (See Oceanic Sun Line Special Shipping Co Inc v Fay at 247–8) (Oceanic Sun Line). [read post]