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29 Jun 2024, 1:11 pm by Uthman Law Office
A167289) 2024 WL 3218945, at *1 Summary: Under Vehicle Code section 23612, subdivision (a)(1)(B), “A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood for the purpose of determining the drug content of his or her blood, if lawfully arrested for” driving while under the influence of a drug in violation of section 23152, subdivision (f). [read post]
29 Jun 2024, 12:49 pm by John Floyd
” In contrast, the defendant contends that the phrase ‘does not have A, B, and C’ sets out a single, amalgamated condition for relief, [which] a defendant … fails … only when he has all three of A, B, and C. [read post]
29 Jun 2024, 11:56 am by Arfaa Law Group
The Right to Pursue Federal Claims in Medical Malpractice Cases The court reviewed the case under Federal Rule of Civil Procedure 12(b)(1), focusing on whether subject matter jurisdiction was established. [read post]
29 Jun 2024, 8:16 am by Russell Knight
” 750 ILCS 5/513.5(b) Attorney’s Fees And The Support Of An Adult Disabled Child 750 ILCS 5/513.5 provides great latitude to require the parent with more money to support the adult child. 750 ILCS 5/513.5 is silent, however, as to whether the parent with more money should pay for the other parent’s attorney’s fees either during or after the litigation required to determine the support of an adult disabled child. [read post]
29 Jun 2024, 6:30 am
In another extension of the internal accounting controls provisions of the securities laws, this week the Securities and Exchange Commission (the “Commission” or “SEC”) announced a settled enforcement action with a public company victimized by a ransomware attack (the “Company”) for violations of Section 13(b)(2)(B) of the Exchange Act and Exchange Rule 13a-15(a). [read post]
29 Jun 2024, 6:30 am
In another extension of the internal accounting controls provisions of the securities laws, this week the Securities and Exchange Commission (the “Commission” or “SEC”) announced a settled enforcement action with a public company victimized by a ransomware attack (the “Company”) for violations of Section 13(b)(2)(B) of the Exchange Act and Exchange Rule 13a-15(a). [read post]
29 Jun 2024, 6:00 am by Lawrence Solum
I respond that (a) the power was broader and more consequential than Wurman maintains, and (b) a theory of the nondelegation doctrine premised on the distinction between “important subjects” and “details” is so malleable as to be non-falsifiable as a historical matter, which means that any judge who invokes the theory to toughen the doctrine today is not following history’s lead but instead is engaging in a creative and political act of constitutional… [read post]
29 Jun 2024, 5:59 am by Joel R. Brandes
It concluded first that Karimi failed to show by clear and convincing evidence that the return of the children to western Ukraine, if ordered by the court, would result in a grave risk of harm referred to by Article 13(b). [read post]
29 Jun 2024, 5:36 am by Robin E. Kobayashi
Oakland, CA -- Payments for medical-legal evaluations and reports used to resolve medical disputes in California work injury claims have increased more than expected since a new Med-Legal Fee Schedule (MLFS) took effect in April 2021 according to a new CWCI study, with the average payment for a comprehensive exam up 52%, primarily due to new per-page fees for record review that are paid on top of flat fees for med-legal evaluations services. [read post]
29 Jun 2024, 5:29 am by David Pocklington
Appendix C contains a flowchart showing an overview of the system, and Appendix B summarizes the proposed amendments and the Committee’s decision. [read post]
29 Jun 2024, 5:10 am by Just Security
Supreme Court  The Limited Effects of Fischer: DOJ Data Reveals Supreme Court’s Narrowing of Jan. 6th Obstruction Charges Will Have Minimal Impact by Ryan Goodman (@rgoodlaw), Mary B. [read post]
28 Jun 2024, 10:35 pm by Marcel Pemsel
(ii) If also the decision date is decisive, is it: (a) The date of the BoA’s first decision (which, in the case above, was prior to the end of the transition period; this seems to be the position of the General Court in the contested decision); or (b) The second (i.e. new) decision after the case is remitted back to the BoA following the annulment of the BoA’s first decision (which would be after the end of the transition period)? [read post]
28 Jun 2024, 5:44 pm by Sandy T. Fox
In doing so, the court emphasized that once an agreement is incorporated into a final judgment, any relief from the agreement must be sought under Rule 12.540(b). [read post]
28 Jun 2024, 1:39 pm by Jessica Virk
The Act defines a non-Canadian to include: an individual who is neither a Canadian citizen nor a person registered as an Indian under the Indian Act nor a permanent resident;  a corporation that is incorporated otherwise than under the laws of Canada or a province; a corporation incorporated under the laws of Canada or a province whose shares are not listed on a stock exchange in Canada for which a designation under section 262 of the Income Tax Act is in effect and that is controlled… [read post]