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12 Jan 2024, 10:20 am by Eric Goldman
” Implied-in-Law Contract/Unjust Enrichment The court says that these state law claims are preempted by copyright law. [read post]
17 Aug 2010, 12:21 pm by Francis G.X. Pileggi
For example, he notes: " ... forty years of chaos triggered by the more limited statutory fiduciary duty of mutual fund advisers regarding their compensation, still unresolved by the Supreme Court’s decision in Jones v. [read post]
9 Nov 2018, 7:34 am by ASAD KHAN
Observing that Part 5A “takes that process a stage further by expressing the intended balance of relevant factors in direct statutory form,” Lord Carnwath expressed frustration over the vexing judicial disagreements that had plagued these cases earlier and he said that it was “profoundly unsatisfactory” that provisions intending to provide clear guidelines to minimise the need for judicial assessment should create such chaos in the lower courts. [read post]
18 Apr 2019, 2:22 am by ASAD KHAN
Parties’ submissions Firstly, Mr Robinson submitted that the line of authority beginning with Onibiyo [1996] EWCA Civ 1338 – which established that it was for the Secretary of State to decide whether further submissions constituted a fresh claim giving rise to a right of appeal – did not survive the Supreme Court’s decision in BA (Nigeria) [2009] UKSC 7. [read post]
7 Jul 2018, 3:36 am
Beliefs about these matters could not define the attributes of personhood were they formed under compulsion of the State. [read post]
13 Jan 2009, 6:30 am
At 11 a.m. today, the Court will hear argument in Vermont v. [read post]