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24 Jan 2014, 4:00 am by The Public Employment Law Press
The “Rule of Necessity” permits a tribunal, the members of which could be affected by the decision, to decide a case or controversyPines, et. al. v State of New York, 2014 NY Slip Op 00335, Appellate Division, Second DepartmentIn deciding an action initiated by Emily Pines and other judges, Supreme Court that held that “the compensation of judges and justices of the Unified Court System of the State of New York was duly… [read post]
21 Jan 2014, 3:25 pm
I have concluded that it is necessary to seek clarification of the law from the Court of Justice of the European Union in order to determine the appeals".What does the good judge himself think? [read post]
15 Jan 2014, 4:10 pm
Zodiac applied for a stay pending (i) an application for permission to appeal to the Supreme Court and (ii) the outcome of the EPO proceedings. [read post]
15 Jan 2014, 12:11 am by Kevin LaCroix
Department of Justice has stated that the criminal division has started a far-reaching probe, and that they are “responding aggressively and taking it very seriously. [read post]
13 Jan 2014, 8:20 am by Florian Mueller
In connection with Apple's renewed injunction motion I also discussed the fact that the USPTO's Central Reexamination Division has rejected the patent, a decision that Apple has meanwhile appealed to the USPTO's Patent Trial and Appeal Board. [read post]
13 Jan 2014, 6:14 am
Court of Appeals for the 9th Circuit 1981) (quoting U.S. v. [read post]
7 Jan 2014, 3:01 am
The General Court proved as resistant to Rivella's arguments as had the Opposition Division and Board of Appeal. [read post]
6 Jan 2014, 4:00 am by Kimberly A. Kralowec
The Court of Appeal (Second Appellate District, Division Three) held that the claims were impliedly (but not expressly) preempted by the federal Organic Foods Production Act of 1990 (7 U.S.C. [read post]
5 Jan 2014, 5:23 am by Florian Mueller
(Also, the situation surrounding the '915 pinch-to-zoom API patent, which the USPTO's Central Reexamination Division rejected last month, could lead to further complications, as I discussed in my post on the renewed motion.)Since the parties already briefed the court extensively on the eBay v. [read post]
1 Jan 2014, 6:40 pm by Kenneth Vercammen
Presumption of joint bank account survivorship rebuttable   ESTATE OF  DEFRANKIN THE MATTER OF THEESTATE OF AURELIA DEFRANK,DECEASED.November 15, 2013 Before Judges Parrillo, Harris and Guadagno.On appeal from the Superior Court of New Jersey, Chancery Division, Probate Part, Mercer County, Docket No. 09-01870.The opinion of the court was delivered byPARRILLO, P.J.A.D.Plaintiff Lorraine Rubaltelli appeals from the April 12, 2012 grant of… [read post]
30 Dec 2013, 12:40 pm by Robert A. Epstein
Following that line of reasoning, the Appellate Division in S.M. v. [read post]
30 Dec 2013, 6:00 am by Jon Robinson
City of Riviera of Riviera Beach, 133 S.Ct. 735 (2013): On January 15, 2013, the Supreme Court of the United States issued its opinion in Lozman v. [read post]
26 Dec 2013, 9:50 pm by Florian Mueller
I wrote in my commentary back then that "it's rather likely that an appeal will be necessary in the end", and it did prove necessary. [read post]
18 Dec 2013, 12:46 pm by Margaret Wood
”  In 2000, the Supreme Court of the United States in its decision in Troxel v. [read post]
17 Dec 2013, 4:00 am by The Public Employment Law Press
York v Mills, 250 AD2d 122, leave to appeal denied 93 NY2d 803, the Appellate Division noted that “no local legislative body is empowered to enact laws or regulations which supersede State statutes, particularly with regard to the maintenance, support or administration of the educational system. [read post]
17 Dec 2013, 4:00 am by Kimberly A. Kralowec
In Ramirez, the Court of Appeal (Fourth Appellate District, Division One) reversed an order denying class certification of UCL and Rees-Levering Act claims. [read post]