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6 Jun 2019, 8:07 am by John Elwood
John Elwood reviews Monday’s relists. [read post]
12 Feb 2024, 9:01 pm by Michael C. Dorf
During the oral argument, Justices Neil Gorsuch and Ketanji Brown Jackson seemed enamored with the claim that Section 3 does not cover the Presidency, but other Justices focused on other issues. [read post]
25 Oct 2007, 4:25 am
Raats attempted to short circuit this opposition by claiming that Opposer's testimony deposition was inadmissible because (1) Opposer did not previously identify its witness; (2) the notice was facially defective because it erroneously referred to a third-party; and (3) the number of days between the notice and the deposition was only three business days (albeit six calendar days).The Board sided with Opposer Sunrider on all three issues. [read post]
10 Oct 2013, 6:04 pm by John Elwood
John Elwood reviews Monday’s relisted cases. [read post]
13 Feb 2021, 9:55 am by Michael Lowe
Two things: (1) if the EOCA charge does not correspond to one of these statutorily listed crimes; or (2) if the evidence does not support these charges and they cannot be proven by the state, then the defense may be able to negotiate down those charges in a plea deal or move for their dismissal in the courtroom. 2. [read post]
22 Oct 2015, 6:11 am by Robert Natelson (guest-blogging)
For example, the British Parliament’s “land tax” imposed rates, not only on real property and associated hereditments, but on (1) debts due to the taxpayer, (2) business and personal chattels, and (3) earnings, pensions, and annuities sourced from public funds. [read post]
” The answer to the above question depended on: 1. the interpretation and application of the FA 1989, s 83(2) (read with sub-s (1) of the same section) (the “First Issue“); and 2. the interpretation and application of the FA 1989, s 83(3) (read with sub-s (4) of the same section) (the “Second Issue“). [read post]
31 Jan 2014, 7:11 am by John Elwood
§ 2254(d)(2) merely because the state court does not conduct an evidentiary hearing. [read post]
17 May 2010, 5:09 am by Broc Romanek
In similar fashion to SEC Exchange Act Rule 13d-3 or 16a-1(a), or in a different manner? [read post]
4 Apr 2014, 4:00 am by David DePaolo
Rule 35(e) required in such circumstances the employee to return to the same QME to the extent possible.The WCAB said there's nothing in the statutes that could be interpreted to mandate a single QME evaluator -"Based upon our review of the relevant statutes and case law we hold that:(1) The Labor Code does not require an employee to return to the same panel QME for an evaluation of a subsequent claim of injury. (2) The requirement in Rule 35.5(e) that an employee return… [read post]
3 Jun 2020, 8:15 am by John Elwood
John Elwood reviews Monday’s relists. [read post]
10 Apr 2015, 6:55 am by John Elwood
John Elwood reviews Monday’s relisted cases. [read post]
22 May 2019, 3:56 am by Kevin LaCroix
Howey Co., states that a security is an investment contract in which a person 1) invests their money; 2) in a common enterprise; 3) with an expectation of profits; 4) based on the efforts of the promoter or a third party. [read post]