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24 Nov 9:58 am by Michael C. Smith
... company intervened, claiming ownership rights in the patent. Judge Clark held a hearing on the inventorship and invalidity issues raised to the defendant and stayed the case pending resolution of these issues. The defendant then filed a motion seeking to assert Walker Process claims (Sherman Act violations which allege fraud before the PTO). Judge Clark denied the motion, concluding that TP could have met the deadline in the scheduling order for asserting such a claim. More interesting (not that ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
14 Oct 7:34 am by Michael Ginsborg
... proceeding. It is not a formal ruling on the merits. Only a transcript of today's hearing will reveal why Judge Walker denied the summary judgment motion. In lieu of a transcript, readers must rely on media reports.) 10/15/09 The Recorder ... , and because he does not agree with Intervenors that rational basis review is necessarily the correct constitutional standard to apply. Walker wants a trial for fact-finding on some of the factors underlying the choice of which level of judicial review to use, ...
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
20 Aug 6:00 am by Michael Ginsborg
... far-reaching consequences that more than deserve the attention of the commentators. One consequence concerns the plaintiffs and defendants who Judge Walker has not allowed to intervene. Attorneys for both plaintiffs and defendants have been at odds with legal ... only party to Perry v Schwarzenegger that has consistently fought to preserve Prop.8, we are pleased with Judge Walker's decision to deny intervenor status to Campaign for California Families, the Our Family Coalition, Lambda Legal, and ...
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
8 Oct 6:12 pm by Michael Stevens
... of Kentucky 2007-SC-000568-MR June 25, 2009 Opinion by Justice Scott. All sitting; all concur. Walker appealed his conviction on charges of complicity to murder, complicity to firstdegree robbery, complicity to second-degree assault and ... , but at the close of all proof, the Commonwealth asked the trial court to reconsider, and the charge was reinstated. Walker argued that reinstatement of the charges amounted to double jeopardy. The Court agreed, citing the rule in Smith that an "acquittal must ...
Kentucky Cases - http://www.kycases.com/
25 Jun 5:18 am by Michael J. Hassen
... 606 that a party was not a prevailing party unless there was a "material alteration in the legal relationship of the parties." Walker, at 1033-34 (citations omitted). This "alteration" in the relationship of the parties "must arise from a court order." Id., at ... the class action was dismissed as moot without a finding as to the validity of the claims asserted in the class action complaint. Walker, at 1034. The case does not fit into the first Buckhannon category because plaintiff did not obtain a ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
1 Jul 12:38 pm by Michael Ginsborg
... .D.Cal. 3:09-cv-02292, filed May 22, 2009), Judge Walker said that pending a hearing on 07/02/09, he's inclined to leave California' ... [under the equal protection clause] and state interests [in banning gay marriage], Walker asked whether Prop 8 discriminates based on sexual orientation or gender ... "To resolve the ... be decided in the full consideration of the case. As such, this is not an altogether surprising decision from Judge Walker. 07/01/09 Wall Street Journal Law Blog: Attorney Brian Raum ...
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
9 Sep 5:02 am by Michael J. Hassen
... . After summarizing CAFA and noting the removing party's burden of demonstrating that removal jurisdiction exists, see Walker , at 1140-41, the federal court observed that Ninth Circuit authority establishes "different burdens of proof for establishing ... submitted by plaintiff's class counsel Jay Edelson as part of a separate action brought against a different defendant…." Walker, at 1142. That declaration stated, in relevant part, "Based upon information that Class Counsel has collected in this ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
9 Oct 10:08 am by Michael Ginsborg
... order pending appeal California attorney Rick Xiao offers the following comment on this filing in the Perry case: In an effort to resist Judge Walker's discovery order for production of internal communications concerning their campaign strategy, Prop. 8 proponents have ... set for a hearing on January 7, 2010 - just days before trial. Given the clear indication that Judge Walker is proceeding expeditiously to trial, these latest filings suggest that Prop. 8 proponents are pursuing a new strategy ...
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
7 Jul 10:59 am by Michael Ginsborg
... : ADF Alliance Alert): Whatever Chief U.S. District Judge Vaughn Walker winds up deciding on Proposition 8, it's clear he wants an airtight trial ... his first hearing Thursday on the controversial measure that outlawed same-sex marriage, Walker repeatedly stressed the importance of establishing a record that will stand the test of time. 07/03/09 San Jose Mercury News: Walker, toward the end of a 50-minute hearing in a packed courtroom, ordered the parties to file by Aug. 7 joint or separate case- ...
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
14 Sep 1:42 am by Michael Ginsborg
09/11/09 order by Judge Vaughn Walker In his order, Judge Walker allows the official Prop. 8 proponents to file their motion for summary judgment in Perry v. Schwarzenneger, despite a court rule that limits ... reply to my earlier post: Given that the previous case management orders went mostly in plaintiffs' favor, allowing parties to file equally long briefs indicates Judge Walker is open-minded and unbiased about the merits of the case. Judge Walker is known as a maverick and he has surely lived ...
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
2 Oct 2:32 pm by Michael Ginsborg
... which was a chief consultant and strategist for Yes on 8. Based on a magazine article by the firm's principals, Judge Walker ruled that the firm's campaign communications do not warrant First Amendment protection: If harm is threatened from ... on 8 campaign, with potential ramifications for the campaigns in Maine over Question 1. As journalist Karen Ocamb observes, "Walker ... hinted that he might limit the public's access to the documents." I would expect defendant-intervenors to demand the same ...
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
23 Oct 12:09 pm by Michael Ginsborg
10/23/09 order by Judge Walker denying motion for stay of discovery [10/27/09 update: Although he hasn't yet read the order, law ... 8 during last year's election. Their effort has involved an appeal of Judge Walker's discovery order and a stay of the order pending appeal. On October 21st, the ... cause why their appeal should not be dismissed for lack of jursidiction. Not surprisingly, Judge Walker has denied the motion to stay discovery: Proponents are unlikely to succeed on their appeal or mandamus ...
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
17 Nov 8:56 am by Michael Ginsborg
11/11/09 discovery order by Judge Walker: On November 2nd, Judge Walker held a hearing on a discovery dispute in Perry v. Schwarzenegger, the federal lawsuit challenging the constitutionality of Prop. 8. The dispute ... communications may reveal the extent and effect of discriminatory intent in campaign strategy. Thanks to California attorney Rick Xiao for commenting on Walker's November 11th order to resolve the dispute, and for alerting me to the order: After an in camera review, Judge Walker ...
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
15 Oct, 2007 1:16 pm by Michael Stevens
WALKER V. COM. CRIMINAL: PROSECUTORIAL MISCONDUCT 2006-CA-001014 PUBLISHED: AFFIRMING PANEL: NICKELL PRESIDING; KELLER AND KNOPF CONCUR COUNTY: MCCRACKER DATE RENDERED: ... Degree affirmed following trial in which he was found guilty but mentally ill. Walker has failed to meet his burden of showing a manifest injustice has resulted from ... argument to Dr. Simon's testimony can hardly be said to have impacted the fundamental fairness of Walker's entire trial. Digested by Scott C. Byrd www.Olginandbyrd. ...
Kentucky Cases - http://www.kycases.com/
8 Oct, 2007 8:37 am by Michael Stevens
... ) are: Circuit Court Judge Denise G. Clayton District Court Judge Janice R. Martin Family Court Judge Patricia Walker FitzGerald Updated: Here is the press release from the AOC: FRANKFORT, Ky., Oct. 4, 2007. The Judicial Nominating Commission met today at ... Division 2, are Denise G. Clayton, chief circuit judge for Jefferson County; Jefferson County Family Court Judge Patricia Walker FitzGerald; and Jefferson County District Court Judge Janice R. Martin. This vacancy occurred when Court of Appeals ...
Kentucky Law Blog - http://www.kentuckylawblog.com/
30 Jun 5:58 am by Michael Ginsborg
06/27/09 order by Judge Vaughn Walker in Perry et al v. Schwarzenegger et al. (N.D.Cal. 3:09-cv-02292, filed May 22, 2009): Judge Vaughn has granted the motion by James Brosnahan and Tobias Wolff to file an amicus brief on behalf of Equality California. The brief has not yet been filed.
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
5 Oct 2:35 pm by Michael Ginsborg
10/05/09 Cal Law Legal Pad: Turns out Walker wanted to float the idea of broadcasting the January trial [in the Perry case], but not just to an overflow room in the federal building. He wanted to know how the lawyers felt about making the trial available for broadcast on a television station, according to a letter filed in the case. Thanks to Rick for alerting me to the related filing.
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
11 Oct 1:05 pm by Michael Ginsborg
10/11/09 Contra Times: On October 14th, Judge Vaugn Walker will hear arguments over a motion by official Prop. 8 proponents for summary judgment in the Perry case. Constitutional scholar Vikram Amar said that Walker will have to determine whether Baker v. Nelson 409 U.S. 810 (1972) "ties his hands" -a key issue that California attorney Rick Xaio discussed at this site. The Baker Court let stand, without comment, the Minnesota Supreme Court's ruling that the state's marriage law does not violate ...
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
2 Dec, 2008 6:33 pm by Michael
Late yesterday Judge Walker issued an order listing 11 questions for both sides to be prepared to answer at today's hearing in the telecoms immunity hearing being held at this moment in San Fransisco. (The case is more formally known as "In re National Security Agency Telecommunications Records Litigation, Mdl No. 1791.") These are really good questions - and they don't suggest this is going to be an easy day for either side, but especially for the government. I would have loved to be there; ...
Tags: Civil, Liberties
Discourse.net - http://www.discourse.net/
28 Oct 8:47 am by Brian Cuban
... million over the course of his 13-year NBA career, former player Antoine Walker is apparently broke. According to the Boston Globe, the 33-year-old 6th overall draft ... bad checks to different casinos, totaling $1 million. The Globe is also reporting that Walker owes more than $4 million to his creditors. Just one more ... going to veer off to celebrities, I certainly have to mention Kim Basinger and Michael Jackson. When the Toronto Star ran an article alleging that a shocking figure that 60 percent ...
Brian Cuban's Blog - http://briancuban.com
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