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22 Nov 2013, 4:00 am
Yesterday a Pennsylvania federal district court became the first to weigh in on the merits of the accommodation provided for religious non-profit educational and charitable organizations that object to the Affordable Care Act contraceptive coverage mandate. [read post]
4 Aug 2015, 3:22 am
Meenakshi Overseas LLC d/b/a Meenakshi Overseas, Cancellation No. 92060602 (July 15, 2015) [not precedential].Claim preclusion (or res judicata) applies when there exists "(1) an identity of parties or their privies; (2) a final judgment on the merits of the prior claim; and (3) the second claim is based on the same transactional facts as the first and should have been litigated in the prior case. [read post]
1 Nov 2022, 11:25 am
The first was the unconstitutional CASE Act. [read post]
13 Aug 2015, 7:28 am
Constitution, and that Duka therefore had established a likelihood of success on the merits of her case (Duka v. [read post]
29 Jun 2015, 7:20 am
The Court of Appeals first noted that “[t]he purpose of the contract was to pursue these appeals; therefore, it can hardly be a breach to do so. [read post]
15 Jul 2013, 11:31 am
In regard to the issue of not being read his Miranda rights, the court finds this argument to be without merit. [read post]
5 Aug 2013, 9:47 am
First, he dismissed his claims with prejudice against BB&T's employee, Corbett. [read post]
7 Apr 2024, 11:21 am
\While it’s likely too early to see Biden’s judges creating major shifts in the law, as his first term comes to an end, court watchers say they see signs his appellate picks may be using their personal experiences in analyzing cases. [read post]
20 Aug 2013, 4:55 am
An employer’s primary goal should not be to win these cases on their merits when filed, but to prevent them from being filed in the first place. [read post]
28 Apr 2014, 10:35 am
First, a little history is in order. [read post]
2 Aug 2023, 1:08 pm
First, the Government moves to dismiss for lack of jurisdiction because Mr. [read post]
4 Apr 2014, 6:41 pm
However, to address the merits of the DPA claim, the court first needed to determine whether the DPA even applied to a “virtual location” on the internet. [read post]
20 Feb 2013, 2:03 am
Therefore, we address certified questions on their merits, regardless of their simplicity. [read post]
4 Dec 2006, 6:46 am
Expect a packed courtroom -- the cases are sexy enough to merit same-day audio -- and some less-than-stellar advocacy. [read post]
1 Nov 2018, 10:40 am
Under the court’s current rules, a reply brief on the merits is due either 30 days after the respondent’s brief is filed or by 2 p.m. one week before the oral argument, whichever comes first. [read post]
12 Jan 2018, 12:54 pm
The justices’ decision to put the lower-court orders on hold suggests that at least five of them saw some merit to the state’s arguments. [read post]
15 Sep 2014, 8:02 am
Because we agree with the Appellate Court that the plaintiff did not preserve his malfunction theory claim for appellate review, we answer the first certified question in the affirmative and do not reach the merits of the plaintiff's claim under the second certified question. [read post]
10 Sep 2015, 5:55 am
Davis observes that "[c]ontent neutrality is ... as important to the right to petition as it is to other rights guaranteed by the First Amendment. [read post]
5 Nov 2015, 5:59 am
But in any event, apparently at least one judge gets annoyed by this, and what one judge feels (and feels strongly enough to merit mentioning in an opinion), other judges might well feel, too. [read post]
1 Nov 2012, 1:13 pm
The Circuit first addressed jurisdiction. [read post]
