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Hence the presence of a litigable document and the option not to enforce it are inherently valuable.
Thus, the issue remains litigable until resolved by Congress.
For example, direct-to-consumer advertising is far less controlled by the FDA than package inserts, and deceptive or misleading advertising should still be litigable because the same balancing of risks and benefits issues are less apparent on direct-to-consumer advertising which never contain the full range of package insert warnings.
Standards to define "illegality" or "corruption" are beyond the scope of this work, but it should just be noted that this is potentially a litigable topic.
There is a danger that such officials may interpret the inability of aggrieved parties to challenge state action as carte blanche to act abroad without fear of suit by putative victims who otherwise would have a litigable cause of action.
change bills to spot issues producing potential for litigable strife,
Other courts have denied that random assignment is a matter of litigable constitutional law.
If the court strikes the balance incorrectly, the risk is that public authorities will take excessive precautions to avoid litigable harms, thereby diverting resources from useful activities that are less likely to give rise to claims.
a distinct litigable event linking the joined parties.
However, a claim file should be established to put the insurance company on notice of a potential litigable issue (should it ever go so far).
On the other hand, less than two weeks later, Senior Judge Joyce Hens Green of the same court handed down In re Guantanamo Detainee Cases, in which she held precisely the opposite: The Fifth Amendment applies in Guantanamo and confers due process rights that are violated by the government's review procedures, and the Geneva Conventions are self-executing and confer individual litigable rights as well.
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
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