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Baker-Morrison v State Of New South Wales [2009] NSWCA 35 In Brief
In the first Court of Appeal decision regarding the construction of ss 50C and 50...
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This proposed rule addresses the hospital-specific limitation on Medicaid disproportionate share hospital (DSH) payments under the Social Security Act. Under this limitation, DSH payments to a hospital cannot exceed the uncompensated costs of furnishing hospital services by the hospital to individuals who are Medicaid-eligible or ``have no health insurance (or other source of third party coverage) for the services furnished during the year.'' This rule would provide that the quoted phrase would refer in context to a lack of coverage on a service-specific basis, so that the calculation of uncompensated care for purposes of the hospital-specific DSH limit would include the cost of each service furnished to an individual who had no health insurance or other source of third party coverage f...
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Bostik Australia Pty Ltd v Liddiard and Anor [2009] NSWCA 167
In Brief
It is not sufficient for the purposes of the Limitation Act 1969, s 50D(1)(...
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Replevin; repossession; R.C. 4505.13/security interest in a motor vehicle/rights of secured party; temporary restraining order; injunctive relief; Consumer Sales Practices Act; statute of limitation
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Judgment date: 3 August 20091 Frizelle v Bauer [2009] NSWCA 239 In Brief
For the purposes of s 50C of the Limitation Act 1969 proceedings in respect...
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By Eve O'Brien and Andrew Symons
There are a number of recent high profile cases which seek to provide clarity to the provisions of the Limitation A...
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In 1996, President Clinton signed the Antiterrorism and Effective Death Penalty Act ("AEDPA"). This Act provides, among other things, for a reduced limitation period for the filing of habeas corpus claims by petitioners under a state capital sentence. In order for a state to avail itself of this benefit, the Act requires that the state establish a mechanism for appointing counsel in collateral proceedings for indigent prisoners under a capital sentence. The AEDPA also requires that the state establish this mechanism according to strict standards and procedures. As of May 15, 2007, no state has satisfied the requirements of the Act. This Note examines the requirements of the AEDPA and identifies why courts across the nation have held that every state attempt has failed to satisfy these r...
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... OF PERMITS; REVISION, REVOCATION OR LIMITATION OF OCEAN DUMPING PERMITS UNDER SECTION 104(d) OF T...
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This notice of proposed rulemaking is published jointly by the Federal Deposit Insurance Corporation (the ``FDIC'') and the Departmental Offices of the Department of the Treasury (the ``Treasury'') (collectively, the ``Agencies'') and proposes rules to implement applicable provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act'').\1\ In accordance with the requirements of the Dodd-Frank Act, the proposed rules govern the calculation of the maximum obligation limitation (``MOL''), as specified in section 210(n)(6) of the Dodd-Frank Act. The MOL limits the aggregate amount of outstanding obligations that the FDIC may issue or incur in connection with the orderly liquidation of a covered financial company. ---------------------------------------------...