Litigation 2 - mindofspaz

No Jordan Rules For Administrative Tribunals – Trials & Appeals & Compensation

July 11, 2022 admin No Comments

The Supreme Court of Canada’s decision today in Law Society of Saskatchewan v Abrametz is a significant one for all lawyers practicing before administrative tribunals. In brief, the decision confirms that the three-part Blanche test for delay and abuse of process in administrative proceedings continues in force. To establish that a delay rises to the…

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Siegel v. Fitzgerald: Supreme Court Rules US Trustee Fee Hike Unconstitutional – Insolvency/Bankruptcy

July 11, 2022 admin No Comments

In its June 6, 2022 opinion in Siegel v. Fitzgerald, the United States Supreme Court resolved a circuit split and invalidated a 2017 statute that increased US Trustee fees in 48 states—but not Alabama or North Carolina—as unconstitutional under the uniformity requirement of the Constitution’s Bankruptcy Clause. See Siegel v. Fitzgerald596 US ___ (2022). US…

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Depp v Heard defamation trial: The pirate overcomes the horror – Libel & Defamation

July 11, 2022 admin No Comments

To print this article, all you need is to be registered or login on Mondaq.com. Earlier this month, an American Court delivered its judgement in the enormously publicized defamation case brought by Johnny Depp against his former wife, Amber Heard. The defamation case is undoubtedly one of the most significantly reported and commented upon cases…

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Expert Witnesses: Be Prepared For Changes To Federal Rules Of Evidence – Trials & Appeals & Compensation

July 8, 2022 admin No Comments

To print this article, all you need is to be registered or login on Mondaq.com. Anyone serving as an expert witness should be aware that proposed amendments to Federal Rules of Evidence, Rule 702, could affect the admissibility of their expert testimony in the near future. These amendments, detailed below, concern two aspects of Rule…

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Dismissal Of Libel Suit Confirmed On Appeal –

July 7, 2022 admin No Comments

To print this article, all you need is to be registered or login on Mondaq.com. In its judgement, decided on the 23 March 2022, in the names of Adrian Muscat vs. Matthew Agius, the Court of Appeal in its inferior jurisdiction (the “Court of Appeal”), delivered by Judge Lawrence Mintoff, considered a case on libel…

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Est-Ce La Fin Des Actions Collectives Nationales Au Canada? – Trials & Appeals & Compensation

July 7, 2022 admin No Comments

To print this article, all you need is to be registered or login on Mondaq.com. Dance son jugement rendu le 19 avril 2022 dans l’affaire Option Consommateurs c. Nippon Yusen Kabushiki Kaishaone, le juge Donald Bisson de la Cour supérieure du Québec a refusé la suspension des procédures d’une action collective québécoise au profit du…

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LYING IN WAIT Ian Clarke On Trial By Ambush And Fundamental Dishonesty – Personal Injury

July 6, 2022 admin No Comments

Andrew Jenkinson v Gary Robertson [2022] EWHC 791 (QB) Under what circumstances can a Defendant accuse a Claimant of fundamental dishonesty? That was one of the central questions before the Court in the recent High Court decision of Andrew Jenkinson v Gary Robertson. background The Claimant was injured in a road traffic accident on 24…

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VanIAC’s New International Arbitration Rules: What You Need To Know – Arbitration & Dispute Resolution

July 6, 2022 admin No Comments

Vancouver International Arbitration Center’s (“VanIAC”) new International Commercial Arbitration Rules of Procedure (the “New Rules”) came into effect on July 1, 2022. In this post, we summarise what you need to about the New Rules. The New Rules are a significant update to the previous version of the international arbitration rules, which were last amended…

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CAFC Reverses TTAB’s THUMS UP And LIMCA Decision: Coca-Cola Failed To Prove Use Or Reputation In The US And So Lacked Statutory Standing – Trademark

July 6, 2022 admin No Comments

Concluding that Coca-Cola failed to establish statutory standing based on lost sales or reputational injury, the CAFC reversed the TTAB’s decision [TTABlogged here] ordering cancellation of Meenaxi Enterprise’s registrations for the marks THUMS UP and LIMCA for soft drinks. The Board found that Meenaxi had used the registered marks to misrepresent the source of its…

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Can I Get A Restraining Order Against My Spouse? – Family Law

July 6, 2022 admin No Comments

06 July 2022 Barnard Inc Attorneys To print this article, all you need is to be registered or login on Mondaq.com. Family lawyers are often approached by clients who request an “interdict” or “restraining order” against their spouse, partner, parent, or any other family member. In our South African law, we do not…

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