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13 Dec 2022, 5:00 pm
”While you may think that the doubling of the monthly rent falls into a disfavored “penalty” category, a New York appellate court didn’t agree.At the lower court level, the landlord’s claim hinged on two well-settled cases. [read post]
10 Oct 2011, 5:07 pm by Brian Shiffrin
Relying on Matter of Campbell v Pesce (60 NY2d 165), the Court held thatAlthough the constitutional Double Jeopardy Clauses do not bar a second prosecution where the prior judgment of conviction has been vacated upon the defendant's motion or appeal because of an error in the proceedings (see Lockhart v Nelson, 488 US 33, 38; United States v Tateo, 377 US 463, 465-467), the 2003 judgment of conviction has never been vacated. [read post]
3 Nov 2011, 6:32 am
Colb My column this week is about  Blueford v. [read post]
25 Jul 2007, 3:15 pm
Astra offers no convincing reason why Emert does not apply.2 See also Geneva Pharms., Inc. v. [read post]
5 Sep 2012, 9:53 am by Jeanne M. Hannah
In Loutts v Loutts, Court of Appeals Docket No 297427 [For Publication], several issues were presented. [read post]
24 Feb 2015, 3:06 pm
Arsenal v Reed is an example, and contains the first statement that the double identity provisions are to be interpreted as requiring in addition a prejudice to the trade mark functions. [read post]
7 Oct 2020, 5:30 am by Geoff Schweller
The right of federal employees to criticize their agencies in the media was established in the 1995 Supreme Court Case Sanjour v. [read post]
21 Feb 2024, 4:50 pm by Ronald Mann
That is about what we got Wednesday with Justice Ketanji Brown Jackson’s brief opinion for a unanimous court in McElrath v. [read post]
14 May 2014, 6:54 pm
 The UK decision in Ranbaxy v AstraZeneca [2011]EWHC 1831 [on which see Katpost here] throws a little more light on this issue. [read post]
15 Feb 2021, 9:52 am by Dennis Crouch
In re Mann, 47 F.2d 370 (C.C.P.A. 1931) (applying double patenting to applications of different inventors) McCreary v. [read post]