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11 Sep 2015, 3:25 pm
 Isn't it ironic that the first sentence of the legal analysis in Judge McKeown's opinion reads:  "Although both parties urge us to decide this appeal on its merits, “[i]t needs no citation of authorities to show that the mere consent of parties cannot confer upon a court of the United States the jurisdiction to hear and decide a case.'"  And then cites a case. [read post]
8 Apr 2013, 3:17 pm
The Attorney General did this after we struck her first brief and directed her to file a new brief. [read post]
23 May 2017, 1:52 pm
 Page 10, first paragraph:  "The instant case is distinguishable from Thorne. [read post]
9 Jul 2015, 12:45 pm by Lawrence B. Ebert
The outcome of the Versata case:With regard to the issues in the case, we conclude:• On appeal in a § 18 case to this court of a final written decision by the PTAB,as a general principle we may review issues de-cided during the PTAB review process, re-gardless of when they first arose in the process, if theyare part of or a predicate to the ultimate merits. [read post]
19 Jun 2024, 5:00 am
”Interestingly, the court noted that, on its review of the record, the appeal lacked merit in any event.Will practice make perfect? [read post]
20 May 2013, 7:00 am by Brian M. Peterson
Regarding the merits, the court ruled that because the employee could not identify a possible reasonable accommodation that could have been discovered during the interactive process that would have allowed him to perform the essential functions of the job, his ADA claim was properly dismissed on summary judgment. [read post]
25 Aug 2015, 4:50 am
Where the evidence itself cannot be challenged on its validity or merits, a DUI defense lawyer may seek to suppress the evidence from being considered by the court in the first place. [read post]
28 Apr 2023, 6:00 am by Public Employment Law Press
Furthermore, opined the Appellate Division, "the claims in this proceeding are substantially similar to claims that the court in the Richmond County proceeding declined to address on the grounds that they were raised for the first time in reply" which petitioners could have raised by including them in the petition or by seeking leave to amend the petition. [read post]
22 Nov 2012, 12:53 am
  The Fourth District found merit in the first argument raised, which was that it was error for the Court to grant prevailing party fees under the Marital Settlement Agreement for a modification, when the prevailing party clause was self-limiting to enforcement actions. [read post]
10 Aug 2017, 9:19 pm
The ICJ stayed the death sentence and called for memorials to be filed by the Parties to decide first on issues of jurisdiction and later concerning merits as appropriate. [read post]
15 Aug 2020, 8:12 pm by Jon Katz
The post Mary Jane when not a VA crime- Fairfax criminal lawyer on its side risks appeared first on Jon Katz, P.C.. [read post]
1 Aug 2013, 9:21 pm
Here's the abstract:As the International Criminal Court is handing down its first trial chamber judgments, the debate on modes of participation continues. [read post]
22 Jun 2015, 12:53 pm
 And only today does the California Supreme Court resolve the merits of this petition. [read post]
20 Jul 2017, 4:05 am by Howard Friedman
Therefore, the Court would be forced to interpret and evaluate church canons, discipline, and faith to determine the merit of his claims. [read post]
30 Jun 2016, 2:08 pm
  Bailey on the other hand must be dismayed to see the court accept the defense pleadings and contentions that his work as an assistant regional counsel was insufficient and ineffective to the point he merited being fired. [read post]
6 Jan 2022, 8:59 am by Eileen McDermott
” Applicants with qualifying applications—including a requirement that the first Office action on the merits makes both SME and non-SME rejections—will receive invitations to participate in the pilot. [read post]