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10 Jul 2011, 4:38 pm
In summary, this important judgment of the Supreme Court clarifies that (a) s. 50 of the 1996 Act is even narrower than its predecessor, s. 6 of the 1961 Act; (b) more generally, that implied exclusion of ordinary civil jurisdiction depends on a close analysis of the structure of the special legislation as evidence of the likely intention of the legislature; and (b) that a consolidating legislation is more likely to have so intended than other special legislation. [read post]
17 Feb 2021, 4:39 pm by Jon L. Gelman
It also confuses matters with “airborne transmission” to indicate inhalation exposure exclusively at long distances and does not consider inhalation exposure via the same aerosols at short distances.This artificial distinction needs to be replaced with up-to-date terminology [10], as advocated by the National Academies workshop on Airborne Transmission [11], focused on routes of exposure via a) touch, b) large droplets sprayed onto the body, and c) inhalation… [read post]
1 Sep 2022, 7:00 am by Jan von Hein
Does the term “contract for the provision of services” in Art 4(1)(b) Rome I Regulation include a building cont [read post]
8 Oct 2020, 10:20 am by Phil Dixon
Id. at 22 (Brook, J., dissenting). (1) Court of Appeals had appellate jurisdiction despite defective notices of appeal where court granted defendant’s petitions for writ of certiorari in its discretion and State did not object; (2) Sufficiency of evidence argument was not preserved and defendant’s argument did not warrant invocation of Rule 2 of the Appellate Rules of Procedure; (3) Where the defendant was not given an opportunity to be heard and no other evidence showed that… [read post]
11 Jun 2024, 5:18 pm by Yosi Yahoudai
“You changed the way we eat, created a delicious revolution and a world where people finally, finally understand that eating is an ethical act and that our food choices really matter. [read post]
28 Mar 2009, 4:14 am
  b)    Make a settlement demand, specifying all desired terms. [read post]
10 Oct 2010, 7:45 pm by cdw
LEXIS 572 (Ind 10/5/2010) Relief denied on claims that the State failed to disclose exculpatory evidence, and, “trial counsel were ineffective because they: (a) failed to object to evidence regarding investigation of a life insurance claim, (b) failed to object to testimony regarding the presence of a non-testifying defense expert during DNA testing, (c) failed to object to the State’s 404(b) notice, (d) failed to object to the introduction of a receipt for the… [read post]
26 May 2020, 5:29 am by Russell Knight
  Any matter involving sibling visitation needs to go to mediation. [read post]
4 Aug 2009, 12:12 am
Loft, (1939) 5 A.2d. 503, it was held that directors would be disallowed from making use of an opportunity only when the opportunity (a) was one which the company had the financial capacity to undertake, (b) was in the line of business of the company, and (c) was of practical importance to the company.Coming back to the latest decision in O'Donell, however, the Court of Appeals resurrects the strictness of the test. [read post]
9 Apr 2018, 7:42 pm by Kelly Phillips Erb
No matter the kind of bankruptcy, not all tax debts may be discharged. [read post]
3 Apr 2014, 8:25 pm by Kelly Phillips Erb
No matter whether you report or your employer reports, make sure you include all tip income. [read post]
22 May 2020, 6:20 pm by Francis Pileggi
When Stimwave sought reargument — arguing that the decision violated the fundamental precept that mandatory injunctive relief be ordered only after trial or on facts not legitimately in dispute, citing C & J Energy Servs., Inc. v. [read post]
7 Mar 2012, 4:47 am
The judge conceded that this was a matter that a court should consider when deciding whether to allow a review in any given case. [read post]