Search for: "Matter of Novel"
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15 Jan 2024, 9:05 pm
” The bill says HB2121 is “a matter to statewide concern necessary to protect public health. [read post]
15 Jan 2024, 6:03 am
South Africa’s second argument rests on principle: If any military operation, no matter how carefully it is carried out, is carried out pursuant to an intention to destroy a ‘people’, in whole or in part, it violates the Genocide Convention and it must stop. [read post]
14 Jan 2024, 7:39 am
Further readingFrom across the pond: Patentlyo: Coffee and Claim Construction: The Plain and Ordinary Meaning of “Barcode”UPC Munich Local Division takes a novel approach to claim interpretation (SES vs Hanshow, UPC-CFI-292/2023) (Jan 2024) [read post]
12 Jan 2024, 3:08 am
Murray won his retaliation case after a full jury trial, but UBS appealed, and the Second Circuit vacated the judgment on a novel reading of the statute: it said the jury should have been instructed that Murray could not prevail without proving his employer had intended to retaliate against him. [read post]
11 Jan 2024, 2:58 pm
Instead, these companies propound a novel and sweeping theory of the First Amendment that conflicts with Supreme Court precedent. [read post]
11 Jan 2024, 10:24 am
When it comes to spending programs that courts deem to fit in this ill-defined category, agency actions are presumptively immune from judicial review, insulated from the safeguards of administrative law no matter how arbitrary. [read post]
9 Jan 2024, 9:01 pm
[A new source in the debate over Section 3 of the Fourteenth Amendment.] [read post]
9 Jan 2024, 8:24 am
These moves enable the court to treat this case as jurisprudentially novel when it really is not–and, in turn, reach an outcome that obviously conflicts with the precedent. [read post]
8 Jan 2024, 11:04 am
It is not surprising that defining what qualifies as exclusionary conduct has been a matter of intense debate since the enactment of the Sherman Act. [read post]
8 Jan 2024, 6:00 am
” Moreover, ABA Model Rule 1.3 requires a lawyer to act with reasonable diligence and promptness in client matters. [read post]
8 Jan 2024, 5:50 am
Following Hamas’ attack on October 7th, the U.S. government acted swiftly to dissuade other regional actors such as Hizballah or Iran from intervening in the latest round of Israeli-Hamas hostilities. [read post]
8 Jan 2024, 5:00 am
The NCAA describes the compensation lawsuits as beginning in 2009, yet exploring this topic reveals the debate is not so novel. [read post]
8 Jan 2024, 4:00 am
The novels are remarkable--among the best I've ever read. [read post]
7 Jan 2024, 9:39 am
The Maine decision will now be reviewed by the Maine state courts, but the Colorado decision is scheduled for oral argument in a matter of weeks. [read post]
7 Jan 2024, 9:34 am
The UPC adopts a novel approach to claim interpretationUse of the original claims and prosecution history is not how the Boards of Appeal of the EPO generally interpret the claims of a granted patent. [read post]
5 Jan 2024, 4:00 am
DEPARTMENT OF HEALTH’S RESCISSION OF REGULATION RENDERED APPEAL “MOOT”After a Onondaga County Supreme Court judge found in favor of some medical professionals, invalidating a COVID-related regulation which had been issued by the New York State Department of Health, the state secured a stay pending appeal.By the time the matter was reached by the Appellate Division, Fourth Department, the state indicated at oral argument that it was no longer going to enforce the regulation… [read post]
4 Jan 2024, 12:50 pm
" We credit those lawyers (as we should) for making a novel and bold contribution to the literature. [read post]
2 Jan 2024, 12:12 pm
At RPLG, he primarily represents and advises public agencies on labor, employment and government law matters. [read post]
2 Jan 2024, 5:50 am
” Since that 1974 opinion on self-pardons has never been tested, we cannot know exactly how a lower federal court or the Supreme Court itself might approach the question, although it certainly has the merit of falling on the side of common sense, the normal usage of the word “to grant,” and the historical understanding that the use of the pardon was a matter of grace by the executive, as well as constitutional text, structure and original meaning. [read post]
2 Jan 2024, 12:32 am
The question in the pending appeal is whether the claims are novel. [read post]