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10 Aug 2022, 2:50 am by Jon Katz
The post Fairfax trial judge reversed for not granting defendant Miranda relief appeared first on Jon Katz, P.C.. [read post]
18 Sep 2017, 6:39 am by Rebecca Tushnet
Food and Drug Administration’s (FDA) policies have been a battleground for litigation about First Amendment protections for commercial speech. [read post]
9 Oct 2013, 11:36 am by ronfriedmann
Agree or disagree, their point of view merits more discussion. [read post]
25 Feb 2024, 10:00 pm
LEASE PERMITTED POST-TERMINATION DOUBLING OF THE RENTWith the context of a lease dispute, after the New York County Supreme Court directed that the defendant-tenant pay $93,276.36 per month, as “use and occupancy,” pending the conduct of a trial on the underlying merits of the parties’ claims, the defendant appealed.On its review of the record, the Appellate Division, First Department, noted that the governing lease agreement provided that, once its tenancy was… [read post]
24 May 2020, 10:17 am by Jon Katz
  The post Persevering for court victory- Fairfax criminal defense lawyer’s view appeared first on Jon Katz, P.C.. [read post]
1 Aug 2016, 7:00 am by Docket Navigator
Despite the intuitive merits of Defendants’ arguments on this issue, the disputed letters are relevant to the willfulness inquiry in this case. . . . [read post]
11 Aug 2016, 10:33 am by Jon Sands
The 9th first decides what the standard of review should be under the Mandatory Victims Restitution Act. [read post]
9 Aug 2018, 9:48 pm by Jeff Gamso
I cannot in good conscience join in this “rush to execute” without first seeking every assurance that our precedent permits such a result. [read post]
28 Dec 2023, 4:00 am
And when that request was granted, the landlord, 1755 Jarvis LLC, appealed.On its review of the record, the Appellate Term, First Department, noted that RF promptly moved for relief upon discovery of the judgment, and that her nonappearance was neither “intentional” nor “prejudicial. [read post]
24 May 2018, 5:00 am by Jonathan H. Adler
Meanwhile, a few blocks away at One First Street, oral argument audio is not released until the Friday after argument. [read post]
4 Mar 2022, 2:55 pm
 2/8 award appellate sanctions of over $38K against appellant and counsel here for taking a frivolous appeal.Having considered the [sanctions] motion, and the matters discussed at oral argument, we conclude that the appeal has no merit, and was brought solely for the purpose of delay and to harass defendants.First, we find the appeal is frivolous because it is well established that an error in fact or law does not justify overturning an arbitration award. [read post]
30 Nov 2017, 2:15 am by Ron Katznelson, Ph.D.
The post The Patent Bargain and the Fiction of Administrative ‘Error Correction’ in Inter Partes Reviews appeared first on IPWatchdog.com | Patents & Patent Law. [read post]
23 May 2024, 3:02 pm by Howard Bashman
But the effort could have a much worse impact on our state’s judicial merit selection system. [read post]
21 Oct 2014, 8:00 am by Dan Ernst
All those big events, both the private and the public, surely were exciting at the time and merit further study today. [read post]
29 Dec 2020, 4:00 am by Howard Friedman
Plaintiffs have failed to establish a liklihood of success on the merits of their First Amendment claim. [read post]
10 Feb 2014, 7:18 am by Docket Navigator
More importantly, the public IPR documents to which [defendant] refers do not, taken in the light most favorable to [plaintiff], require a finding that [plaintiff's] pleading of intent is deficient and merits dismissal of the induced infringement claim." [read post]
31 May 2018, 2:23 pm
  And, to be honest, I suspect that any resolution of the merits in that tribunal would not be unanimous. [read post]