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…
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…
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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This article was drafted with the assistance of summer law student Eric Turcotte. In the recent decision of Canada (Attorney General) v Collins Family Trust2022 SCC 26 [Collins Trust], the Supreme Court of Canada rejected the use of equitable remedies such as rescission to undo or alter transactions that resulted in unintended tax liability. The…
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Introduction Professionals owe a duty to exercise the skill, care and diligence which may be reasonably expected of a person of ordinary competence, measured by the professional standard of the time. Generally speaking, in order to succeed at trial, a plaintiff must adduce expert evidence to establish that the professional breached this standard. Recently, the…
To print this article, all you need is to be registered or login on Mondaq.com. The Tax Court in Brief – June 27th – July 1st, 2022 Freeman Law’s “The Tax Court in Brief” covers every substantive Tax Court opinion, providing a weekly brief of its decisions in clear, concise prose. For a link to…
Brownstein Hyatt Farber Schreck, LLP 04 July 2022 Brownstein Hyatt Farber Schreck, LLP To print this article, all you need is to be registered or login on Mondaq.com. US SUPREME COURT RULING DEALS BLOW TO TRIBAL SOVEREIGNTY In stunning disregard of over 200 years of precedent (dating back to…
04 July 2022 Shipman & Goodwin LLP To print this article, all you need is to be registered or login on Mondaq.com. On June 27, 2022 the United States Supreme Court surprised many observers by holding that the free exercise and free speech rights of a football coach employed by a public school…
Read More “Kennedy V. Bremerton School District: A Coach’s Prayers Are Answered – Education” »
As an Ontario court has previously recognized, Twitter is a rhetorically harsh speech environment. A stark difference in political or other views may be expressed through tweets that are comments or opinions without making false factual about another person. However, when tweets devolve into an unfounded attack on another person’s reputation, that may give rise…
Enforcement law is, first of all, a formal branch of law, and the constraints in the law are of greater importance than the material law itself. In so far, the formal legal arrangements stipulated by the 2004 Execution and Bankruptcy Law (“EBL“or”law“), especially the period of limitations, need to be handled carefully in terms of…
