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Plaintiffs need not lose all recourse and bad behavior can still be litigable under express exceptions to the preemption clause, such as fraud or misrepresentation of data, or misleading direct-to-consumer advertising.
California, (9) Delaware, (10) Illinois, (11) Oregon, (12) and Texas (13) have all broadened the scope of litigable disputes within their jurisdiction, following New York's (14) groundbreaking changes to its law in 1984.
Without access to highly litigable issues such as subjective mental state as to a complicated statute, or the reasonableness of reliance on advice of counsel, both the prospects for government victory go up, and the expected length and cost of the trial go down, further eroding the defendant's bargaining position.
With the commonplace use of email for client communications, these notes are more automatic; as long as we have an effective system of filing and retrieving emails in which potentially litigable decisions were made, we have documentation that should stand up in court.
its expenditures, preferring cases that raised litigable issues that, if
Judges and commentators commonly attempt to demonstrate the absurdity of enforcing any family agreements by arguing that some family agreements are trivial and could hardly have been contemplated to give rise to litigable rights.
A survey of more than five thousand households indicated that during the previous three years just over a third of them had perceived one or more grievances of certain litigable types; 71.8% of those grievances produced a claim informally; 63.0% of those claims met an initial rebuff to produce a dispute; and 11.2% of those disputes resulted in filing a lawsuit.
To make such promises, implicit or not, without monitoring the product's success from the user's perspective would seem professionally irresponsible and maybe even litigable. iPhrase's One Step software has another useful feature called Voice-Over that repeats the question that was asked in natural language back to the customer in terms of how the system interpreted the question.
And of course, "census-taking" is not just controvertible, it's also litigable. Nye hasn't solved this problem He makes some other problematic choices as well: I for one would have preferred that he engage Walter Prescott Webb on technology in the American West, rather than the straw-man he makes of Frederick Jackson Turner (Chapter 2).
as the French see it, every lapse must now have a legal remedy, and the millennium will have arrived only when all social existence has become litigable, and everything wronged--from vegetables to women--has a way to find vindication in a court of law."
The Dague majority argued that contingency enhancement "would make the setting of fees more complex and arbitrary, hence more unpredictable, and hence more litigable."(41) But the fact that contingency enhancements are hard to apply is a weak basis for simply ruling them out.
Nonetheless, the taxpayer in TAM 9346002 may have a litigable position, since Rev.
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