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22 Nov 2013, 12:27 pm
CPL 170.40 permits dismissal of an information, even though there is no legal basis for such dismissal, as a matter of judicial discretion "by the existence of some compelling factor" that clearly demonstrates that conviction "would constitute or result in injustice." [read post]
20 Feb 2012, 5:22 am by Blog Editorial
In the matter of Peacock, heard 14 December 2011. [read post]
18 Feb 2019, 2:01 am
However, the TBA reasoned that such an outcome would not be in line with the case law of the Enlarged Board of Appeal (EBA) decisions on novelty G 2/88 (Friction reducing additive) and G 2/10 (Disclaimer/SCRIPPS).Purity can be importantParticularly, the TBA observed that following the reasoning of G 2/10, "in order to conclude a lack of novelty, there must be at least an implicit disclosure in the state of the art of the subject-matter falling within the… [read post]
28 Feb 2020, 1:32 am
A method of treatment per se is considered excluded subject matter (Article 53(c) EPC). [read post]
26 Jan 2012, 2:26 am by Charon QC
From next week – I’ll be publishing a very detailed weekly review about law and lawyers…with some arts matters which have caught my eye. [read post]
3 Oct 2010, 10:09 pm by lawmrh
(g) Alternative dispute resolution is not always available or used when disputes arise. [read post]
27 Aug 2013, 5:01 pm by oliver randl
The respective examples clearly contain all three components (a), (b), and (c) of the claimed preparations. [read post]
24 Aug 2023, 6:00 am by Public Employment Law Press
In a proceeding pursuant to CPLR Article 78 to review a determination of the Town terminating the plaintiff [Employee] based on the findings and recommendation of a disciplinary hearing officer, Supreme Court [a] denied the Town's motion to dismiss the Employee petition; [b] granted Employee's petition to the extent of annulling the penalty imposed; and [c] remitting the matter to the Town for the imposition of a less severe penalty. [read post]
24 Aug 2023, 6:00 am by Public Employment Law Press
In a proceeding pursuant to CPLR Article 78 to review a determination of the Town terminating the plaintiff [Employee] based on the findings and recommendation of a disciplinary hearing officer, Supreme Court [a] denied the Town's motion to dismiss the Employee petition; [b] granted Employee's petition to the extent of annulling the penalty imposed; and [c] remitting the matter to the Town for the imposition of a less severe penalty. [read post]
9 May 2020, 9:38 am by Badrinath Srinivasan
Further, if reference is made to Section 31(6) of the A&C Act, it may be seen that an arbitral tribunal may make “an interim award on any matter with respect to which it may make a final arbitral award”. [read post]
15 Apr 2013, 5:01 pm by oliver randl
This is exactly the approach which the EBA found to be inappropriate and prejudicial to a proper exercise of priority rights (G 2/98 [9]). [read post]
4 Jun 2012, 1:00 am by Hull and Hull LLP
If a matter was not commenced on the Estates List, yet falls into one of the categories mentioned above, the matter can be transferred to the Estates List on consent, or on a motion, to either a judge who is hearing the matter (but not sitting on the Estates List), or a judge sitting to hear matters on the Estates List. [read post]
15 Jan 2023, 3:05 pm by Christine Corcos
The table of contents for the issue follows below, and contains links both to the issue and to the individual essays and other matter. [read post]
15 Jan 2023, 3:05 pm
The table of contents for the issue follows below, and contains links both to the issue and to the individual essays and other matter. [read post]