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1 Mar 2013, 12:12 pm by Steve Harms
(a) Rule 54(d)(1) gives courts discretion to award costs to prevailing parties, but this discretion can be displaced by a federal statute or FRCP that “provides otherwise,” i.e., is “contrary” to Rule 54(d)(1).Contrary to the argument of Marx and the United States, as amicus, language of the original 1937 version of the Rule does not suggest that any “express provision” for costs should displace Rule… [read post]
1 Mar 2013, 12:12 pm by Steve Harms
(a) Rule 54(d)(1) gives courts discretion to award costs to prevailing parties, but this discretion can be displaced by a federal statute or FRCP that “provides otherwise,” i.e., is “contrary” to Rule 54(d)(1).Contrary to the argument of Marx and the United States, as amicus, language of the original 1937 version of the Rule does not suggest that any “express provision” for costs should displace Rule… [read post]
25 Jul 2008, 5:34 pm
Doe supervised 54 executions in Missouri. [read post]
7 Apr 2017, 1:49 pm by Corinna Lain
By a 54-45 vote, Neil Gorsuch will be the newest addition to the Supreme Court bench. [read post]
12 Jan 2017, 9:00 pm by Nico Cordes
Decision G 1/03 therefore does not apply.4.5 The first auxiliary request is thus not allowable, because the subject-matter of claim 1 extends beyond the content of the application as filed, contrary to Article 123(2) EPC.(...)7.2 The board thus concludes that the claims of the third auxiliary request are novel.8. [read post]
27 Jan 2020, 7:42 am by Dennis Crouch
Note that 54(1) and 54(2) are parallel to 35 U.S.C. 102(a) while 54(3) is parallel to 102(a)(2) which the IPO does not propose to change. [read post]
24 May 2010, 9:17 am by Rebecca Tushnet
Women interviewed: 3, 1 artist (her music was not played); total time on screen maybe 1 minute of 54 (plus extra interview footage of 3 guys). 2. [read post]
7 Apr 2020, 7:04 pm by Dennis Crouch
The district court rejected the request for fees — holding that a stipulation-of-dismissal without a court order does not count as a “judgment” and that R.54(d) implicitly requires a “judgment” as a prerequisite to awarding fees. [read post]
31 May 2013, 7:24 am
From a more general perspective, the Court noted that the admissibility or validity of an application for a declaration of invalidity does not depend on the good faith of the applicant. [read post]
22 May 2022, 6:50 am by Joel R. Brandes
Because the Northern District of Texas does not have a local rule governing motions for attorney’s fees, the Court based its calculation of timeliness on Federal Rule of Civil Procedure 54(d). [read post]
4 Feb 2019, 8:06 am by Eugene Volokh
If a statute imposes strict liability for dog bites, does that extend to a herding dog nipping at a cow that then trampled the plaintiff? [read post]
6 Jan 2019, 1:05 pm by Geoffrey G. Gussis, Esq.
N.J.S. 54:50-38 statute pulled from the State of New Jersey Legislature website on 1/6/2019, check the website to see if there have been any changes. [read post]
1 Sep 2017, 12:00 am by Nico Cordes
Claim 1 of the present application includes the generic expressions"a sensing circuit comprising at least first and second sensing capacitors", and"at least one mimicking capacitor".Claim 1 does not specify whether there are any transistors. [read post]
31 Dec 2012, 3:01 pm by oliver randl
However, document A1 gives the skilled person no information about how these choices are to be done, and it is constant case law that, if more than one choice has to be made in order to arrive at the subject-matter claimed, novelty has to be acknowledged. [4.3.3] In the board’s view, document A2, state of the art under A 54(2), also does not anticipate the subject-matter of claim 1 at issue. [read post]
3 Aug 2008, 6:50 am
Mexican National Seeks Last-Minute Reprieve From Death PenaltyPOSTED: 3:54 pm CDT August 1, 2008UPDATED: 4:00 pm CDT August 1, 2008WASHINGTON -- Four months after losing his case at the Supreme Court, a Mexican citizen facing execution next week in Texas asked the justices Friday for a last-minute reprieve. [read post]
12 Sep 2008, 10:47 am
id=4811&apid=9775&sid=27&cid=54&hm=1&iv=1&townflag=Granted, given the current state of the economy and the threat of global warming, you may not be feeling much sympathy for Mr. [read post]
26 Apr 2010, 2:36 pm
A 54-year-old Oxnard man died Sunday after a crash on Pacific Coast Highway (California State Route 1) in Ventura County, authorities reported. [read post]