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1 May 2024, 4:50 am by Heather Douglas
For instance in Ontario, Rule 60.12 of the Rules of Civil Procedure states that “…the court may, in addition to any other sanction provided by these rules, (a) stay the party’s proceeding; (b) dismiss the party’s proceeding or strike out the party’s defence; or (c) make such other order as is just. [read post]
1 May 2024, 3:31 am by Alessandro Cerri
 ReputationThe Court began by noting that although market share was a relevant factor, there was no requirement for a mark to be known by a specific percentage of the relevant public, nor for its reputation to cover all the territory concerned, so long as that reputation exists in a substantial part of that territory (QUARTODIMIGLIO QM, T-76/13 EU:T:2015:94).Furthermore, in order to establish whether a mark has a reputation, an overall assessment must be carried out of the evidence adduced by… [read post]
30 Apr 2024, 3:12 pm by Bill Marler
HUS is a frightening complication that even in the best American centers has a notable mortality rate.[56] Among survivors, at least 5 percent will suffer end stage renal disease (ESRD) with the resultant need for dialysis or transplantation.[57] But, “[b]ecause renal failure can progress slowly over decades, the eventual incidence of ESRD cannot yet be determined. [read post]
30 Apr 2024, 12:25 am by David Pocklington
Review of the ecclesiastical court judgments during April 2024 The thirteen consistory court judgments circulated in April included: Reordering, extensions and other building works  Exhumation Churchyards and burials Organs Fonts Also included are: CDM Decisions and Safeguarding; Reports from the Independent Reviewer; Privy Council Business; Other legal issues; CFCE Determinations; and Links to other posts relating to ecclesiastical law. [read post]
29 Apr 2024, 9:01 pm by renholding
Performs an Emergency Service or Function The entity provides one or more of the following emergency services or functions to a population equal to or greater than 50,000 individuals: (i) Law enforcement; (ii) Fire and rescue services; (iii) Emergency medical services; (iv) Emergency management; or (v) Public works that contribute to public health and safety. [read post]
28 Apr 2024, 11:33 am by admin
To give the reader some idea of the artificial flavor of Egilman’s pomposity, paragraph 8 of his remarkable declaration avers” “My views on the scientific standards for the determination of cause-effect relationships (medical epistemology) have been cited by the Massachusetts Supreme Court (Vassallo v. [read post]
25 Apr 2024, 11:28 pm by Adeline Chong
As detailed in the accompanying Supreme Court Practice Directions (‘SCPD’), a claimant making an application under this ground has to establish the usual common law requirements that: ‘(a) there is a good arguable case that there is a sufficient nexus to Singapore; (b) Singapore is forum conveniens; and (c) there is a serious issue to be tried on the merits of the claim. [read post]
25 Apr 2024, 1:46 pm by Jo Ann Hoffman & Associates, P.A.
 A lawyer must not reveal information relating to a client’s representation except as stated in subdivisions (b), (c), and (d), unless the client gives informed consent. [read post]
23 Apr 2024, 9:01 pm by renholding
The Court of Chancery recently examined such an agreement in In West Palm Beach Firefighters’ Pension Fund v. [read post]
22 Apr 2024, 2:04 pm by John Stigi and Kristin Housh
Although the Court in MIC declined to opine on whether the other two subsections of Rule 10b-5 — Rules 10b-5(a) and 10b-5(c) — may support liability for pure omissions, in Affiliated Ute Citizens of Utah v. [read post]