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21 Jun 2018, 4:00 am
" In contrast, said the court, less deference is warranted [to the legislature's rationale] where the statute or regulation "is self-serving and impairs the obligations of [the state's] own contracts" because "a [s]tate is not completely free to consider impairing the obligations of its own contracts on a par with other policy alternatives. [read post]
7 May 2018, 9:01 am
It is worth noting that the court of appeals recently discussed the proper procedures for proceedings of this kind in State v. [read post]
29 Apr 2018, 6:41 pm
In Tate . . . [read post]
17 Mar 2018, 1:16 pm
Victor Brosseit, No. 114,753 (Franklin)Direct appeal (petition for review); DUIKai Tate Mann[Affirmed; per curiam; August 17, 2018]Improper endorsement of late witnessState v. [read post]
11 Mar 2018, 11:31 am
And in The Lost Precedent of the Reverse Doctrine of Equivalents, I review every published case finding or affirming non-infringement under the reverse doctrine of equivalents between 1898 and 1988, to conclude that the doctrine was regularly (even if not routinely) applied to find non-infringement in every decade from the 1900s through the 1980s, when the Federal Circuit effectively killed the doctrine.[16] Of particular importance, opinions in the Second, Fifth, Sixth, Seventh, and… [read post]
2 Feb 2018, 3:05 am
" [Emphasis by the Board].The Board noted that "[t]his appeal illustrates the problems that can arise when the requirement to specify the function of a computer program such as a downloadable app is not satisfied. [read post]
19 Nov 2017, 10:18 am
Russell Spivak summarized Moath Hamza Ahmed Al-Alwi's appeal to the D.C. [read post]
18 Oct 2017, 10:00 am
Tate]6. [read post]
9 Oct 2017, 7:38 am
Rolle, A Second Appeal: a consideration of freedom and social justice (2010). [read post]
9 Oct 2017, 7:38 am
Rolle, A Second Appeal: a consideration of freedom and social justice (2010). [read post]
5 Sep 2017, 1:05 am
The Wisconsin Court of Appeals affirmed summary judgment. [read post]
5 Sep 2017, 1:05 am
The Wisconsin Court of Appeals affirmed summary judgment. [read post]
5 Aug 2017, 4:26 am
Elena Chachko analyzed the Grand Chamber of the Court of Justice of the EU’s judgments in two appeals regarding EU counterterrorism sanctions against Hamas and the Tamil Tigers. [read post]
28 Jul 2017, 9:55 pm
Marcus Butler, No. 115,604 (Wyandotte)Direct appeal; First-degree felony murder/'conspiracy to commit aggravated robbreryKai Tate Mann[Affirmed; Stegall; April 27, 2018]Improper conspiracy instructionInsufficient evidence of overt actIneffective assistance of counselImproper admission of prior bad acts evidenceFailure to give limiting instructionProsecutorial errorState v. [read post]
21 Jul 2017, 12:51 pm
Before this order is carried out, however, the losing side has an opportunity to appeal the verdict and/or judgment. [read post]
12 Jul 2017, 1:25 pm
”Tate Access Floors, Inc. v. [read post]
22 Jun 2017, 7:57 pm
Worth Car Accident appeared first on Tate Law Offices, PC. [read post]
20 Jun 2017, 9:46 am
” Once a defendant’s conviction is “erased, the presumption of [his or her] innocence [is] restored,” and the state “has no interest in withholding from [a defendant] money to which the [s]tate currently has zero claim of right. [read post]
16 Jun 2017, 12:50 pm
As many LHB readers are aware, the Law and Society Association hosts "Collaborative Research Networks" that sponsors panels for its annual meeting. [read post]
10 Jun 2017, 7:53 pm
If the insurance company denies your claim, there is an internal appeals process where you can challenge the insurance company’s decision. [read post]