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20 Nov 2007, 10:31 am
While contributory negligence does not ordinarily reduce damages for breach of contract, the trial judge was of the opinion that the result should be the same whether Leather Treaty recovered in contract or tort. [read post]
19 Oct 2021, 6:00 am by Jill Roamer, J.D., CIPP/US
These issues were recently litigated in the United States Court of Appeals for the Tenth Circuit. [read post]
12 Jul 2012, 2:26 pm by Ray Beckerman
Does 1-670, one of the BitTorrent download cases against individuals, the US Court of Appeals for the 5th Circuit has affirmed the lower court's award of sanctions against the plaintiff's attorney. [read post]
18 Nov 2013, 5:01 pm by oliver randl
Thereby, said statement gave detailed reasons why the decision under appeal should be set aside and indicated the facts and evidence in support of the respective arguments.R 99(2) does not exclude that such evidence is submitted for the first time in appeal proceedings nor does it require that this evidence is admitted into the proceedings (see T 389/95 [1,3]).Therefore, the fact that the [opponent] relied inter alia on documents D6 to D13 in its statement setting… [read post]
The post US appeals court reverses ruling on Muslim prisoners’ right to prayer appeared first on JURIST - News. [read post]
The post Federal appeals court upholds Ohio Down syndrome abortion law appeared first on JURIST - News - Legal News & Commentary. [read post]
12 Jul 2022, 3:51 am by SHG
For a while now, Eugene Volokh has been engaged in a battle against the use of pseudonymous litigation, the John or Jane Does that seem to do an awful lot of litigating these days. [read post]
25 Jan 2020, 5:17 pm by Foran & Foran, P.A.
  The court noted that, although the Health Care Malpractice Claims Act does not expressly define “good cause,” the plaintiff had not offered any excuse or cause for the untimely filing of the certificate and report. [read post]
5 Nov 2019, 9:37 am by Thomas DeLorenzo
Katzmann was clear to emphasize the narrowness of the ruling, saying that “does not require us to consider whether the President is immune from indictment and prosecution while in office,” instead ruling strictly that the subpoena of Mazars was proper and should be enforced. [read post]
13 Nov 2017, 9:52 am by Pulgini & Norton, LLP
A division that is not a subdivision within the statute is known as an Approval Not Required or ANR plan, and the division does not require planning board approval. [read post]
16 Dec 2016, 6:56 am by Docket Navigator
[Defendant] does not demonstrate, as it must, that such conduct was unreasonable under the circumstances. [read post]
10 Aug 2015, 4:00 am
Rising appealed and won on that initial issue under a prior Court of Appeals decision (11CA0079-M). [read post]
25 Apr 2013, 3:14 am by Florian Mueller
Marcus Grosch.Google's inability to overturn this injunction on appeal does nothing to dissuade Android device makers from licensing Microsoft's Android- and Chrome-related patents. [read post]
16 Jun 2010, 10:57 am by MacIsaac
The defendant does say that this court has not had the opportunity to hear many cases that provide guidance on R. 37B and its interaction with R. 57(10). [6]             Finally, being an order for costs at the end of the action there is no need to consider possible delay due to the appeal. [read post]
25 Jun 2012, 3:35 pm by admin
As the name implies, an obey-the-law injunction does little more than order the defendant to obey the law. [read post]
24 Sep 2013, 1:14 pm by Jordan Deering
The fiduciary obligation does not impose obligations of non-competition or fidelity, but it shifts the evidentiary burden respecting dealings with those funds. [read post]