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23 May 2024, 11:21 am
Speck argued the Board erred by applying only a “one-way test” looking at whether the post-critical date claims were narrower than the pre-critical date claims, rather than a “two-way test” examining whether each set of claims contained limitations not found in the other. [read post]
23 May 2024, 8:36 am
Leuders(Animal cruelty; criminal damage to landlord's property first degree; motion to suppress; sufficiency of evidence; whether trial court reasonably could have found that defendant specifically intended to damage landlord's property and that damage was not product of accident or neglect as required by statute (§ 53a-117e); whether trial court erred in denying defendant's motion to suppress certain evidence obtained as result of alleged u [read post]
23 May 2024, 7:01 am
In this Orange County case, defendant appealed his conviction for possession of a firearm on education property, arguing the application of G.S. 14-269.2 to his case was unconstitutional and that the trial court erred by denying his motion to dismiss for insufficient evidence. [read post]
23 May 2024, 6:00 am
Because the Appellate Division erred in its application of WCL § 21(1)'s presumption, we now reverse. [read post]
23 May 2024, 6:00 am
Because the Appellate Division erred in its application of WCL § 21(1)'s presumption, we now reverse. [read post]
22 May 2024, 1:33 pm
Dissolution of marriage -- Equitable distribution -- Marital/nonmarital assets -- Cut-off date -- Trial court erred in requiring former wife to return a necklace to former husband where there was no evidence in record to establish the existence of the necklace -- Trial court erred when it classified and distributed as a marital liability a loan from former husband's parents which was taken out during the parties' marriage and which was fully satisfied prior to the date… [read post]
22 May 2024, 7:51 am
USCIS, May 22, 2024 "Effective May 22, 2024, we are updating guidance in the USCIS Policy Manual on family-based immigrant visa petitions (including Form I-130, Petition for Alien Relative and, in limited situations, family-based Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant ), including explaining how we handle correcting approval notice errors, requests for consular processing or adjustment of status on the beneficiary’s behalf, and routing procedures for… [read post]
22 May 2024, 3:00 am
Moore, 366 N.C. 100, 105 (2012) (trial court erred in admitting testimony from a law enforcement officer that after he read defendant his Miranda rights, defendant “refused to talk about the case at that time” ); cf. [read post]
21 May 2024, 1:38 pm
But it reversed the trial court and held that the trial court erred in concluding that Spectrum’s failure to report meal period premium pay on employees’ wage statements was “knowing and intentional” since it was uncertain such payments had to be made. [read post]
21 May 2024, 8:17 am
After being convicted of being a felon in possession of a firearm and some of the drug offenses, the defendant appealed, arguing in part that the district court erred in denying his motion to suppress. [read post]
21 May 2024, 7:24 am
The defendant filed a post-sentence motion, claiming the court erred in its classification and sentencing. [read post]
21 May 2024, 5:54 am
Establishing Causation in Texas Car Accident Cases On appeal, the plaintiff argued that the trial court erred by not setting aside the jury’s zero-damages verdict despite substantial evidence of his medical expenses and suffering. [read post]
20 May 2024, 8:03 pm
In its notice of appeal, ASIC said that Jackman J erred in finding that the term is reasonably necessary to protect the parties’ interests and in not finding that it would cause a significant imbalance in the rights and obligations of the parties. [read post]
20 May 2024, 4:25 pm
May 20, 2024), Cellect argues that the Federal Circuit erred in upholding the PTAB’s (PTAB) invalidation of Cellect’s four patents based on the judicially-created doctrine of obviousness-type double patenting (ODP). [read post]
20 May 2024, 11:21 am
As a result, the BIA erred in determining that Mr. [read post]
20 May 2024, 7:34 am
Furthermore, the Controller had erred in accepting the submission, made by Diesel Ireland’s trade mark agent at the first-instance hearing that “you do not have to be the inventor of the mark in order to be the owner of the mark… use of the mark is quite sufficient. [read post]
20 May 2024, 6:00 am
Petitioner argues that respondent erred in requiring him to undergo a medical examination pursuant to Education Law § 2568. [read post]
20 May 2024, 6:00 am
Petitioner argues that respondent erred in requiring him to undergo a medical examination pursuant to Education Law § 2568. [read post]
20 May 2024, 4:07 am
Mother appealed the order, stating that the trial court erred because it did not establish that Mother was unfit or had acted inconsistently with her status as a natural parent. [read post]
19 May 2024, 4:01 am
One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. [read post]