Competition watchdog's teeth grind near to bone cartel busters Mar 11, 2010
As a result, much of the case law is preoccupied with whether a firm's conduct was undertaken pursuant to such an agreement. However, following the decision on Pioneer Foods, this approach seems to have been adapted to assist the authorities in prosecuting instances of tacit collusion (or co-ordinated conduct). (Business Report, South Africa)
Calif. High Court Gives Guidance on Post-Employment Sales Commission Mar 11, 2010
The court's guidance is necessary because both existing case law, and interpretations from the California Department of Labor Standards Enforcement ("DLSE"), have not provided a clear, consistent or well-founded framework ... The court states that such entitlement is "consistent with contract law principles prohibiting efforts by one party to a contract to prevent completion by the other party." But the court's point is both inconsistent with its endorsement of the contractual basis for... (Law.com)
Sexwale worried by ruling Mar 11, 2010
Sexwale told the National Assembly during question time that while he respected "the separation of powers" there was a danger case law could impact on policy with dramatic consequences. "It may end up pushing us into chaos," he told MPs. (iAfrica.com)
South Africa: Group Five, Empowerment Partner Dispute Split Mar 4, 2010
ILima's counsel, Vuyani Ngalwana, drawing from constitutional case law, said the government had a constitutional mandate to transform the economy, and BEE was one of the ways it had chosen to do so. He said if strict enforcement of a clause in a contract could result in unfairness or unreasonableness to the BEE partner, a court should not enforce it - even where neither party was an organ of state. (allAfrica.com)
Reed Smith Partner Wins in Free Speech Fight With Ex-Client Mar 4, 2010
The court noted that case law indicates lawyers could violate ethical rules if they undertake concurrent or subsequent representation of a party adverse to a client. "But Goldman never undertook a second employment, or developed any other relationship which could create conflicting fiduciary duties," Armstrong wrote. (Law.com)
Changes to franchising code finalised Mar 3, 2010
"I also encourage the (Australian Compettiion and Consumer Commission) and other regulators to take a robust attitude to enforcing the law, both to provide a deterrent for inappropriate business conduct, and to build the body of case law to inform our common understanding of the law," he said. Source. (Sydney Morning Herald -- Business)
ACLU, Dickinson Township at odds Mar 3, 2010
She cites case law in her letter of response to the ACLU that municipal boards can keep comments to only current business and can restrict those from making comments that are repetitive and truculent. Cartwright said anyone wishing to address the board will have the opportunity so long as they follow the rules. (Carlisle Sentinel, PA)
How did state pick TNInvesto firms? That's secret, court says Mar 3, 2010
They also argued that the records were part of a deliberative process - shielding them from public disclosure under federal case law. Coleman and other venture capitalists not selected filed statements that they would not object to their information becoming public. (Nashville Business Journal, TN)
Teacher Punished for Distributing Jack London Essay on 'Scabs' Can Sue Mar 2, 2010
Under case law limiting the free-speech rights of public employees, the school can still win if it proves Cowan's actions were disruptive, Sheridan said in Cowan v. Board of Education of the Borough of Cartaret, 06-5459. The judge also dismissed the two other counts in Cowan's suit. (Law.com)
Federal Judge OKs FMLA Claims Against Individuals Mar 2, 2010
Those rulings, O'Neill said, are not "in accordance with the case law in this circuit.". Advertisement. (Law.com)
In defense of COAHand affordable housing Feb 28, 2010
Since 1985, case law has evolved, establishing the constitutionality of the Fair Housing Act. Do we really want to give up all the legal ground that has been gained, and proven in court cases, that establishes the constitutional mandate for affordable housing. (NJ.com -- Times)
Movie studios appeal against iiNet piracy ruling Feb 26, 2010
"In line with previous case law, this would have amounted to authorisation of copyright infringement.". Gane said AFACT had filed an appeal with the Federal Court arguing it had erred on 15 grounds, setting a dangerous precedent that allowed Internet companies to turn a blind eye to copyright theft. (Sydney Morning Herald -- Technology)
Torture Bored Feb 23, 2010
In effect, he exonerates Bybee because he acted only in a "supervisory role." And what of Yoo, the principal author of memos that allowed torture without citing opposing arguments, misstated relevant case law and time after time delivered precisely the conclusion the White House and the CIA sought. He is off the hook because he was already a blistering ideologue when he took the job. (Slate)
Why settle for so little? Feb 21, 2010
In a paper published in October, Adrian Chai, a partner of law firm Blake Dawson, analysed the case law in non-shareholder cases on the causal link necessary to prove damages and said it was unlikely Australian courts would accept the argument in shareholder class actions ''in the absence of parliamentary intervention. Chai said that, in the meantime, the uncertainty had provided ''shareholder plaintiffs (and the litigation funders backing them) inappropriate leverage'' in settling cases. (Sydney Morning Herald -- Business)
Anwars application to disqualify judge rejected Feb 19, 2010
If the Court of Appeal decides that my ruling on the recusal application was wrong, then as stated by the case law, all the evidence heard by me will be expunged. . (The Star Online, Malaysia -- News)
Work in Similar Cases Justifies Cut in Fee Request, 2nd Circuit Finds Feb 18, 2010
Thus, Livingston wrote, the district court "reasonably concluded" that counsel had engaged in "prior mining of relevant case law and shoring up of legal arguments" that it could rely on in this case. She noted that "whether a given factor cuts in favor of or against" a higher fee depends "heavily" on the facts of the case. (Law.com)
House bill aims to preserve water rights for landowners (272) Feb 16, 2010
The relevant case law clearly states that the owner of the land owns the water right regardless of what entity the water right has issued to, or of what entity holds the water right in trust ... His testimony would appear to be in support of the Sept. 6 Oregon attorney general opinion to the Oregon Water Resources Department which quotes Rights to Waters of Silvies River: "This conclusion is in accord with case law recognizing that landowners within irrigation districts are the 'owners' of the... (Klamath Falls Herald & News, OR)
Business-school research: Online and observed Feb 13, 2010
William Smith and Filiz Tabak, both professors of management at Towson University in Baltimore, recently surveyed American case law and research on e-mail monitoring for Academy of Management Perspectives. The primary reasons for e-mail monitoring, they find, are to protect the company from future lawsuits (a series of sexist jokes, circulated via in-house e-mail, cost Chevron $2. (The Economist)
Councilman seeks limits on campaign yard signs Feb 13, 2010
But University of Hawai'i constitutional law professor Jon Van Dyke, who has been a consultant to the Outdoor Circle on this issue, said case law indicates restrictions can hold up legally. "The law allows governments to restrict the size of political signs," Van Dyke said. (Honolulu Advertiser)
Recall effort targets Purcell Feb 12, 2010
Cunningham said the state statutes are vague about what constitutes particularity, but previous recall attempts around the state have created case law on the matter. As such, Cunningham said he will turn the application over to the city s attorney for review. (Wasilla Frontiersman, AK)
Petition aims to oust Purcell Feb 11, 2010
There are precedents set by case law, however, so Cunningham said he will turn the application over to the city s attorney for review. If the attorney concludes the 199-word statement included in the application shows particular grounds for recall, Cunningham will prepare the petition to give the contact person on the application. (Wasilla Frontiersman, AK)
Van Fleet defense presents an alibi Feb 11, 2010
Jacobs cited case law, arguing that oral sex can be misconstrued if not explicitly stated. Jacobs said licking a breast may mean oral sex to some individuals, though it is not covered by the sexual misconduct statute. (Catskill Daily Mail, NY)
•Letter: Only citizens are entitled to civilian trials Feb 10, 2010
The following are few excerpts from Wikipedia and case law on the ex parte Milligan case that use the word "citizen.". You be the judge. (The Daily Journal)
Andrew Thomas wants role in picking successor Feb 10, 2010
Thomas cites state statutes and case law that he claims would allow the governor or a court to fill the slot. He indicated that a court also could put the county into receivership, meaning that an outside group would control the decision. (AZCentral -- News)
Snellville makes case for Sunday alcohol Feb 6, 2010
And now that's the case law that defines [Sunday alcohol sales. You can't let that lie. (Atlanta Journal-Constitution -- Metro)
Rulings cloud issue of school MySpace suspensions Feb 5, 2010
ACLU lawyer Witold Walczak says the case law was already unclear and now appears to be in chaos. The Supreme Court has not weighed the issue. (KGW Northwest NewsChannel 8, OR -- Business)
Finding Room for Intuition at LegalTech Feb 4, 2010
"I spent the first five years of my practice in dusty libraries, combing through Lloyd's Registers and case law," the New York-based maritime casualty lawyer said. "Lawyers today spend five minutes on Westlaw or LexisNexis to come up with their answers," but they don't have the deep knowledge that comes from careful and lengthy study of decisions written by the legal greats like Learned Hand, Starer lamented. (Law.com)
Sexual Harassment Case Has Relevance For Real Estate Agents and Property Managers Feb 2, 2010
The Court's reasoning drew heavily from the extensive case law regarding sexual harassment within the workplace. It noted that "the hostile work environment form of sexual harassment is actionable only when the harassing behavior is pervasive or severe." "There is no recovery for harassment that is occasional, isolated, sporadic, or trivial." (To be sure, it acknowledged that a single incident "involving physical violence or the threat thereof" could qualify as severe. (RealtyTimes)
Westlaw, LexisNexis Debut Revamped Research Tools at LegalTech New York Feb 2, 2010
When a user clicks on Shepards, case law is identified from the current document (blue links) and Shepards denotes the validity of the cases using red and yellow warning signs. The user would then click on the links to bring up the case law in the window pane at right. (Law.com Newswire)
Fired Clerk Stan Martin Will Have "Name-Clearing" Hearing Jan 31, 2010
He says federal case law gives public officials who are terminated the right to clear their name. Martin will be allowed to tell his side of the story, and explain why his termination may have damaged his reputation. (13WMAZ.com, GA)
Fastcase launches iPhone legal research app Jan 30, 2010
The application will allow Dallas-Fort Worth attorneys and lawyers across Texas to search a comprehensive database of national cases and statutes by keyword and citation, as well as relevant Texas statutes and case law, said Ed Walters, chief executive officer of Fastcase. Attorneys using the program would most likely stick with Westlaw and Lexis Nexus on their desktops, Walters said, but Fastcase is lining itself up to be the source they go to in terms of a mobile legal research platform. (Dallas Business Journal, TX)
Raid reaction from official groups Jan 30, 2010
I fear that the continued activity by the governor with little regard for settled case law, only lends more credibility to those that want to see gambling proliferate and weakens the public support for those of us that seek its elimination. Dr. Randy Brinson. (WSFA.com, AL)
Quest for privacy didn’t outshine works Jan 29, 2010
He struggled so mightily against a planned biography by writer Ian Hamilton that he made enduring case law. As most nonfiction writers know, the Supreme Court s ruling in Salinger v. Random House drastically restricts their ability to quote from letters and personal documents belonging to people they might want to write about. (Boston Globe)
Time To Act APDavid Booth of the Panthers was wheeled off the ice after a head shot on October 24 and may miss the Olympics.Readers had plenty to say about Jim Kelley's plan for ending head shots at every level of hockey. Finding a solution will be tricky, but the NHL, Hockey Canada and IIHF are concerned. Jan 29, 2010
There is case law that backs up your argument, just like there was case law that "convinced" the NHL to hang safety nets around the rinks after the death of a young fan in Columbus who was hit in the head by a puck. Gary Bettman, the Board of Governors, and the players association for some reason fail to see the importance of this issue to the overall game of hockey. (SportsIllustrated.CNN -- NHL)
LegalTech Descends on New York Jan 29, 2010
The session "Preservation Roadtrip -- Begin With the End in Mind" will discuss best practices and case law developments in document preservation on Monday, Feb. 1. Farrah Pepper, chair of the Electronic Data Discovery Initiative at Gibson Dunn & Crutcher and author of "" and "" will be on hand with Chris Paskach, of KPMG, Kelly F. Farmer, of Latham & Watkins LLP, and Ken Koch, of KPMG LLP, to cover analyzing the preservation "trigger" and timing issues, scoping for key players and sources of... (Law.com)
Albany lawmaker wants prayer on council's agenda Jan 27, 2010
Thomas Marcelle -- an Albany lawyer who in 2001 appeared before the Supreme Court and won a religious group's right to meet after hours in an Otsego County public school -- noted the issue is clouded somewhat by case law that varies based on the unique circumstance of each case, such as whether children are involved ... "I think what I would tell them is, under the case law from the Supreme Court, you have the ability to open a legislative session with a prayer, however, you're probably going to... (Albany Times Union)
TD Suit Over Negligence in Stanford Investments Gets Go-Ahead From Judge Jan 23, 2010
Nor is there any case law imposing liability on a bank for failing to conduct such an investigation, Wilton-Siegel wrote. The judge also dismissed claims the bank ought to have known the Stanford scheme was illegal. (Bloomberg -- Canada)
Zoners distressed at RTM decision Jan 22, 2010
"When the Ps with things we have a set of rules and statutes to deal with. There are rules that relate to our practice, such as legal notice, and a variety of things that are established by case law and statutes and regulations. "There does not appear to be a set of rules at the RTM level when they review text amendments we have passed. They don't seem to have to abide by the same rules that we do. (Westport Minuteman, CT)
Petition comes up short Jan 19, 2010
The establishment of case law precedents makes a ballot consideration of the petition anomalous. Annexation law supersedes our charter, said Dunaway. (Taylor Daily Press, TX)
States Prepare Court Challenge to Health Care Bill Jan 11, 2010
When I read Gibbs quote to McMaster last week, he shot back without hesitation: Case law says otherwise. As he did in the December 30th letter, the South Carolinian cited the case of South Dakota v. Dole, (1987), in which the Supreme Court stated, that conditions on federal grants might be illegitimate if they are unrelated to the federal interest in particular national projects or programs. (Human Events Online)
Neurosurgeons, WMC argue case in Denver on Wednesday Jan 11, 2010
"The courts grant of summary judgment ignores numerous contested issues of material fact presented to the court, fails to even address a number of issues identified as contributing to the hostile and intolerable working environment, and was based on inapplicable case law that caused the court to apply the wrong test regarding constructive discharge.". The Wyoming Medical Center and other defendants responded that Brimmer applied the right law and correctly dismissed the neurosurgeons'... (Casper Star-Tribune, WY)
