Search for: "United States v. United States Dist. Ct." Results 61 - 80 of 977
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18 Jul 2022, 8:33 am by David M. McLain
Recently, the United States District Court for the District of Colorado interpreted a faulty workmanship exclusion in a property insurance policy in The Lodge at Mountain Village Owner Association v. [read post]
6 May 2022, 6:10 am by Noah J. Phillips
In 1977, in GTE Sylvania, the Courtheld that vertical customer and territorial restraints should be judged under the rule of reason.[17] In 1979, in BMI, it held that a blanket license issued by a clearinghouse of copyright owners that set a uniform price and prevented individual negotiation with licensees was a necessary precondition for the product and was thus subject to the rule of reason.[18] In 1984, in Jefferson Parish, the Court rejected automatic application of the per se rule to tying.[19]… [read post]
27 Apr 2022, 1:12 pm by Public Employment Law Press
Favors v Cuomo, 2012 WL 928223 *2, 2012 US Dist LEXIS 36910, *10 [ED NY, Mar. 19, 2012, No. 11-CV-5632, Raggi, Lynch, and Irizarry, JJ.]; Rodriguez v Pataki, 2002 WL 1058054, *7, 2002 US Dist LEXIS, *25-27 [SD NY 2002, May 24, 2002, No. 02 Civ. 618, Walker, Ch. [read post]
27 Apr 2022, 1:12 pm by Public Employment Law Press
Favors v Cuomo, 2012 WL 928223 *2, 2012 US Dist LEXIS 36910, *10 [ED NY, Mar. 19, 2012, No. 11-CV-5632, Raggi, Lynch, and Irizarry, JJ.]; Rodriguez v Pataki, 2002 WL 1058054, *7, 2002 US Dist LEXIS, *25-27 [SD NY 2002, May 24, 2002, No. 02 Civ. 618, Walker, Ch. [read post]
28 Mar 2022, 7:30 am by Public Employment Law Press
In denying plaintiff's motion, the court determined that a reasonable jury could have concluded that Miller's "mistake and the shooting that resulted" did not violate any applicable standard of care and hinged on a credibility determination best left for the jury (US Dist Ct, ND NY, 3:13 CV 107, Sept. 27, 2017, McAvoy, Sr. [read post]
28 Mar 2022, 7:30 am by Public Employment Law Press
In denying plaintiff's motion, the court determined that a reasonable jury could have concluded that Miller's "mistake and the shooting that resulted" did not violate any applicable standard of care and hinged on a credibility determination best left for the jury (US Dist Ct, ND NY, 3:13 CV 107, Sept. 27, 2017, McAvoy, Sr. [read post]
19 Mar 2022, 2:09 pm by admin
In the United States, federal agencies such as the Occupational Safety and Health Administration (OSHA), or the Environmental Protection Agency (EPA), and their state analogues, regularly set exposure standards that could not and should not hold up in a common-law tort case. [read post]
6 Mar 2022, 5:46 am by Public Employment Law Press
The Supreme Court [of the United States] subsequently rejected such inferences as incompatible with ordinary contract principles under federal law in M and G Polymers USA, LLC v Tackett (574 US 427 [2015]) and CNH Industrial N.V. v Reese (583 US 138 S Ct 761 [2018]), repudiating International Union, United Auto., Aerospace, and Agric. [read post]
6 Mar 2022, 5:46 am by Public Employment Law Press
The Supreme Court [of the United States] subsequently rejected such inferences as incompatible with ordinary contract principles under federal law in M and G Polymers USA, LLC v Tackett (574 US 427 [2015]) and CNH Industrial N.V. v Reese (583 US 138 S Ct 761 [2018]), repudiating International Union, United Auto., Aerospace, and Agric. [read post]