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Federal judiciary supports citing unpublished opinions
The Judicial Conference of the United States has approved new Rule 32.1 of the Federal Rules of Appellate Procedure, which concerns the citation of unpublished opinions, which still must be approved by the Supreme Court and transmitted to Congress. The citation rule change would end a debate that has split the circuits. The Second, Seventh, Ninth and Federal circuits ban citation of unpublished opinions outright, while six other circuits discourage it. If approved, Rule 32.1 would permit the citation in briefs of opinions, orders, or other judicial dispositions that have been designated “not for publication,” “non-precedential,” or the like. The rule applies only to decisions issued on or after Jan. 1, 2007.
EEOC rule allowing for reduced benefits upon Medicare eligibility is upheld
The District Court for the Eastern District of Pennsylvania has ruled that an Equal Employment Opportunity Commission regulation authorizing employers to reduce the health care benefits of retirees when they become eligible for Medicare is entitled to “deference” pursuant to a recent U.S. Supreme Court opinion. AARP v. EEOC, No. 05-cv-509 (Sept 27).
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This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.