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16 Jan, 2008 7:08 am
... this link and the oral argument transcript at this link. Today's second and final opinion in an argued case issued in Knight v. Commissioner, No. 06-1286. You can access the opinion at this link and the oral argument transcript at this link. In early news coverage, The Associated Press reports that
"Court Upholds NY Judicial Elections" and "Court Limits Trusts' Tax Deductions."
31 Jul, 2007 4:42 am
... order to sustain an aiding-and-abetting conviction under § 922(g). United States v. Xavier, 2 F.3d 1281, 1286 (3d Cir.1993). The Ninth and
Seventh Circuits offer little reasoning for their conclusions. In Canon, 993 F.2d ... not have to show that the principal knew his own felonious status, the government only had to show
that the aider and abettor "associated himself with [the principal's crime], that he participated in it as in something that he wished to bring about, [and] that he *715 [sought]
...
23 Sep, 2007 6:04 pm
... CAFC provided two ("two, TWO!") decisions for the price of one on section 101: In re Comiskey (2006-1286) September 20, 2007 (link)
Comiskey's patent application claims a method and system for ... materials new forms, qualities, properties, or combinations, whether by hand-labor or by machinery." . . . Based on this
definition and the associated definition of "article," the majority concludes that manufactures must be "tangible," a definition that excludes "[a] transient electric or
electromagnetic ...
24 Oct, 2007 11:11 pm
... a document having text therein from a host of a first computing system; generating document keys associated with said text from analysis of said text, each said document key
selected from the group ... intelligence, which has recently been held to be non- statutory. In re Comiskey , No. 2006-1286, Slip Op. at 21
(Fed. Cir. Sep. 20, 2007)." Ex parte Tieu, 2007 ... , which has recently been held to be non-statutory. In re Comiskey, No. 2006-1286, Slip Op.
at 21 (Fed. Cir. Sep. 20, 2007). We do not need ...
26 Aug, 2008 4:29 pm
... Arbitration Act (FAA; 9 U.S.C. § 1 et seq.) does not permit the parties to expand the scope of review by agreement. (Hall Street Associates, L.L.C. v. Mattel, Inc. (2008) __ U.S. __ [128 S.Ct. 1396, 1404-1405] (Hall Street).) ... basis for this rule; one of the grounds for review of an
arbitration award is that "[t]he arbitrators exceeded their powers." (§§ 1286.2, subd. (a)(4), 1286.6, subd. (b).) Here, the parties agreed that "[t]he arbitrators shall not have the power to commit errors of law or ...
9 Nov, 2008 4:52 am
... 483 F.3d 150, 158 (2nd Cir. 2007); Mason v. Montgomery Data Inc., 741 F. Supp. 1282, 1286 (S.D. Tex. 1990). [2] The court also referenced
the following cases in support of this same proposition: Parfums ... (C.D. Cal. 1993); Mason v. Montgomery Data Inc., 741 F. Supp. 1282, 1286
(S.D. Tex. 1990). About the Author: Ms. Campos is an Associate at [www.zuberlaw.com]Zuber & Taillieu LLP, where she specializes in entertainment and intellectual property
law. She earned a J.D. from Stanford University ...
26 Nov, 2007 7:49 am
... mail@sightandhearing.org Web: http://www.sightandhearing.org Learning Disabilities Learning Disabilities Association 4301 Highway 7, Suite 160 Minneapolis, MN 55416 Phone:
(952) 922 ... MN 55118 Phone: (651) 455-1286 Fax: (651) 457-0064 E-mail: bcgadbois@aol.com Tourette Tourette Syndrome
Association-Minnesota Chapter 7317 Cahill Road, ... 641-4053 E-mail: ACT@SelfAdvocacy.com Web: http://www.SelfAdvocacy.com Muscular Dystrophy Association - St. Paul Office
4530 West 77th Street, Room 144 Minneapolis, ...
27 Jun, 2007 3:15 pm
... the easement-and therefore as not materially different from other retaliation claims. National Association of Home Builders v. Defenders of Wildlife, 06-340 For our last case
from ... that received premarket approval from FDA? Rowe v. New Hampshire Motor Transport Association, 06-457 Does the Federal Aviation Administration Authorization Act preempt a
state from ... the views of the author.",1] ); //--> Knight v. Commissioner of Internal Revenue, 06-1286 Does 26 U.S.C. § 67(e) permit full
deduction for ...
4 Sep, 2008 8:33 am
... the power to write appellate review into their arbitration agreements. Hall Street Associates, LLC v. Mattel, Inc. (2008) __U.S.__, 128
S.Ct ... if it is "in excess of the arbitrator's powers." FAA section 10; CAA section 1286.2. The question presented to both courts was whether
parties may contractually define ... serves on the Large Complex Case Panel as well as the Employment panel of the American Arbitration Association, where he has handled a broad
range of disputes, including several whose value ...
3 May, 2008 2:24 pm
... deceptive" and could subject credit card issuers in violation of the new rules to civil penalties. Needless to say, credit card issuers will gear up a publicity campaign to
challenge or water down these new rules. A spokesman for the American Bankers Association calls the Fed's proposals "an unprecedented regulatory intrusion into marketplace
pricing and product offerings." Anyone may submit a comment on the new rules at the Federal Reserve's web site and I encourage all consumers to write and ...
2 Sep, 2008 4:43 am
... the power to write appellate review into their arbitration agreements. Hall Street Associates, LLC v. Mattel, Inc. (2008) __U.S.__, 128
S.Ct ... if it is "in excess of the arbitrator's powers." FAA section 10; CAA section 1286.2. The question presented to both courts was whether
parties may contractually define those ... into a necessary trait. The largest private ADR provider in the world, the American Arbitration Association, saw fit to file an amicus
brief in the Hall Street matter, opposing its own ...
4 Jul, 2007 9:09 am
... third party. 525 U.S. at 90; see also United States v. Rhiger, 315 F.3d 1283, 1286 (10th Cir. 2003) (interpreting Carter to create "a clear
distinction between the status of individuals present at a residence for social ... be disturbed." Id. The same generally cannot be said of business visitors. Often strangers with
little or no connection to a residence, business associates may or may not have reasons for mutual trust. To expand the protections afforded by
the Fourth Amendment to cover any such ...
20 Aug, 2007 7:10 am
... on the list. For cases already granted, top side briefs are due today in Sprint/United Management v. Mendelsohn (06-1221); August 23 in Rowe v. New Hampshire Motor Transport
Association (06-457) and Knight v. Commissioner of Internal Revenue (06-1286); and August 24 in Boumediene v. Bush (06-1195) and Al Odah
v. United States (06-1196). Bottom side briefs are due today in United States v. Williams ( ...
8 Nov, 2007 6:24 pm
... as if it were an institution that must conform to a Platonic ideal. The largest arbitration provider in the world, the American Arbitration Association, filed an amicus brief
in the Mattel case, arguing that the customized arbitration the parties contracted for in this case should not be ... Court in employment cases (Armendariz). They must do so even though
the California vacatur statute (CCP section 1286.2) like the federal vacatur statute (FAA section 10), does not include legal error as a ground
...
16 Jan, 2008 7:03 am
... by Chief Justice John G. Roberts, Jr. The decision came in the case of Knight v. Commissioner of Internal Revenue (06-1286). The judicial
election case involves a system in use in New York since 1921, requiring parties to choose their nominees for ... for legislative judgment, which we will accept so long as it does not
too much infringe upon the party's associational rights. But it is hardly a manageable constitutional question for judges…We are not inclined to open up this new and excitingly
...
22 Jan, 2008 3:51 pm
... Bd. of Elections v. Lopez Torres, in which concurrence in the outcome was unanimous, the Court upheld New York's convention system for determining party nominees for the state
judiciary. The Court reiterated both that a political party has associational rights, and that such rights may be circumscribed by the state where the state gives the party a
role in the electoral process, such as allowing the party nominees to appear on the ballot without following other requirements. However, merely ...
31 May, 2008 7:57 pm
5-21-2008 Texas: DALLAS - An associate minister at a Dallas megachurch was arrested in Bryan, Texas, while trying to meet face to face with a "teen" he met online. A minister to
adults at Prestonwood Baptist Church, Joe Barron, 52, of Plano, a Dallas suburb, was arrested around noon May 15 and charged with solicitation of a minor, according to the City of Bryan
Police Department. He has been released on $7,000 bond, the Dallas Morning News reported. According to a police press release, Barron ...
31 Jul, 2008 1:51 pm
... -31st: Courts - New Albany, adult store still await ruling (July 29, 2007). Update: Another year has now passed and New Albany DVD (05-1286) still awaits a ruling. Oral argument was 9/26/05. Ind. Courts - Judge Felts Named President of Indiana Judges Association (July 26, 2007) Ind.
Courts - Governor appoints Lake and Marion Superior Court judges (July 26, 2007). "Calvin Hawkins will serve as judge of the Lake ...
25 Oct, 2008 12:18 am
... suit filed by 24 Hour Fitness USA against Bally Total Fitness Holding and its CEO (Law360) State appeals court acquits Frank Herbert McClain who was sentences to seven years in
prison for allegedly stealing trade secrets from former employer Didrickson Associates (Law360) US General - Lawsuits and strategic steps Upaid
files amended complaint against Satyam (Spicy IP) US Patents - Reform Ex-AIPLA chief slams high-tech companies over US patent reform (IAM) Deferred examination - fixing the ...
30 Sep 7:34 pm
... upon the arbitrator's rejection of evidence that the damages sought were not in fact suffered by claimants. At the Federal Bar Association luncheon today I sat at attorney
Wendy Lascher's table to hear the Dean of the new U.C. Law ... the arbitrator excluded the evidence as irrelevant to the issue of damages. The trial court vacated the arbitration award
under section 1286.2, subdivision (a)(5), "which requires vacation of an arbitration award when a party's rights are 'substantially prejudiced'
by ...
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