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Our case law and logic both require that a movant cannot be granted a preliminary injunction unless it establishes both of the first two factors, i.e., likelihood of success on the merits and irreparable harm.
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Some said the governing party would face growing social and political instability unless it established genuine rule of law.
Mr. Fletcher said he would not take a chance with a tenant unless it was established and could prove a steady revenue stream.
Regardless, he doesn't think Chegg can defend its trademark claim on such a common phrase, unless it could establish some sort of secondary meaning in the eyes of the public.
The priority for screening potentially hazardous substances would be set by volume rather than by other measures of risk which was the original plan.The chemical industry was disappointed too, by a rule that hazardous substances will be authorised for at most five years, after which business must find a substitute, unless it can establish some "socio-economic justification".
The Court further held that there can be no "presumed" damages in such an action and that the private plaintiff cannot receive "punitive" damages unless it is established that the publication was made with "actual malice," as defined in New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct.
Anna Moore at Bindmans LLP, the lawyers acting for Botton residents, believes this is a breach of the Mental Capacity Act, which states that a person must be assumed to have capacity unless it's established otherwise.
The Act rests on five key principles, including, "a person must be assumed to have capacity unless it is established that they lack capacity" and "a person is not to be treated as unable to make a decision merely because he makes an unwise decision".
While there appears to be a cultural shift throughout psychiatry and healthcare in general to consider mental capacity as a matter of routine, this apparent necessity to demonstrate capacity in all patients undergoing treatment goes against the first principle of the MCA, that a person must be assumed to have capacity unless it is established that he lacks capacity.
Do not take street people into you home or in your trust (they may be mentally imbalanced and very wild) unless it is established that the persons are not a danger and not thieves or robbers.
"The company is contractually committed to make the relevant payment to each former director unless it can legally establish a case of gross misconduct against him.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com