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19 Sep 2023, 8:32 am by Brian Cordery (Bristows)
Judges deciding patent matters in Brazil usually have none to limited technical background. [read post]
19 Sep 2023, 6:07 am by Eugene Volokh
" … As an initial matter, the Doe plaintiffs have not established that they personally fear harm of any kind. [read post]
19 Sep 2023, 5:55 am by Marcel Pemsel
Regarding the criterion ‘same situation of law’, the CJEU referred to its Nintendo decision (C‑24/16 and C‑25/16, discussed here), in which it held that this condition is fulfilled where claims are based on a Community design right because it has effect throughout the EU. [read post]
19 Sep 2023, 5:01 am by Eugene Volokh
(b)(1) ["[c]onstitutionally protected activity is not included within the meaning of 'course of conduct'"]; see Thomas v. [read post]
19 Sep 2023, 4:00 am by Howard Friedman
[C]aselaw recognizes that an employer can discriminate against an employee if it acts on the preference of third parties such as customers or clients.... [read post]
18 Sep 2023, 10:59 pm by Shams Hirji
   Judge Griffin wrapped up his opinion on a premonitory note: how the Court interprets the statute, he warned, would “continue to matter for years to come,” including for drug offenses sentenced under section 401(c) of the Act, which uses language identical to the language used in section 403(b). [read post]
18 Sep 2023, 4:16 pm
So I agree with Justice Moor that, as a policy matter, it's kinda silly (and I don't think the Legislature's intent) were the statute to allow any nonprofit -- however abusive or whathaveyou -- a right to divert stray dogs, or to have the IRS be the only determinant of which nonprofit shelters could legitimately divert. [read post]
18 Sep 2023, 7:38 am by Alex Phipps
This matter has a complicated procedural history, outlined by the court in pages 2-8 of the current opinion. [read post]
18 Sep 2023, 5:55 am by Oona A. Hathaway
(Editor’s Note: This is the second installment of our Ending Perpetual War Symposium. [read post]
18 Sep 2023, 4:34 am by Franklin C. McRoberts
Inability to Achieve Unanimity Begets Conflict Section 1006 (c) of the Limited Liability Company Law provides that a general-partnership-to-LLC-conversion “must be approved by all of the partners of the partnership. . . . [read post]
18 Sep 2023, 3:58 am by Dan Harris
For a deeper dive into the complexities surrounding product country of origin requirements, I recommend you read Nearshoring to Mexico: The Key Questions to Ask, penned by my firm’s lead customs attorney, Robert Kossick, who spent five years practicing international trade law in Mexico. c. [read post]
18 Sep 2023, 2:44 am by Seán Binder
José de Córdoba reports for the Wall Street Journal. [read post]
17 Sep 2023, 5:11 pm by Russell Knight
R. 11(c) The second requirement “that respondent had a meritorious defense to the order” is dependent on the facts. [read post]
17 Sep 2023, 12:16 pm by Eleonora Rosati
For the context and its further corroboration, it requires reliance on a.) subsequent agreement, b.) subsequent practice, and c.) the relevant rules of international law.Firstly, the ordinary meaning should focus on every word of the provision without assigning any arbitrary importance to some words while discounting the same from others. [read post]
17 Sep 2023, 10:59 am by Giles Peaker
In my judgment the FTT was wrong to strike the application out, and I remit the matter to it for determination. [read post]