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Supreme Court on Patent Law: November 2023
29 Nov 2023, 8:41 am by Dennis Crouch
  The Board also found that Yita failed to provide evidence to rebut this presumption. [read post]
Patently-O - https://patentlyo.com
Fed. Dist. Court in MA Dismisses Takings Claim on Ripeness Grounds
29 Nov 2023, 7:17 am by Patricia Salkin
Haney v. [read post]
Law of the Land - https://lawoftheland.wordpress.com/
MIDWEST FARMS CULTIVATED SEXUAL HARASSMENT AND RETALIATION
29 Nov 2023, 7:00 am
District Court for the District of Colorado (EEOC v. [read post]
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
Religious challenge to COVID vaccine mandate fails
29 Nov 2023, 6:19 am by Second Circuit Civil Rights Blog
In this case, the plaintiff loses after claiming a religious exemption to a COVID vaccination mandate.The case is D'Cunha v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
The Biden Administration Should Continue Rebuffing NSO Group’s Latest Lobbying Efforts.
29 Nov 2023, 6:05 am by Talya Nevins
The case, Dada v. [read post]
Just Security - https://www.justsecurity.org/
Court finds the "heart presumption" set out in the Retirement and Social Security Law was "successfully rebutted" by the Retirement System
29 Nov 2023, 6:00 am by Public Employment Law Press
However, said the court, citing  Matter of Park v DiNapoli, 123 AD3d 1392; Matter of Walters v DiNapoli, 82 AD3d 1487; and Matter of Rivera v DiNapoli, 78 AD3d 1295, "the issue distills to whether the Retirement System successfully rebutted the heart presumption, which, in turn, required the Retirement System to demonstrate -- through expert medical proof -- that Petitioner's cardiac condition was caused by risk factors other than his employment". [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Court finds the "heart presumption" set out in the Retirement and Social Security Law was "successfully rebutted" by the Retirement System
29 Nov 2023, 6:00 am by Public Employment Law Press
However, said the court, citing  Matter of Park v DiNapoli, 123 AD3d 1392; Matter of Walters v DiNapoli, 82 AD3d 1487; and Matter of Rivera v DiNapoli, 78 AD3d 1295, "the issue distills to whether the Retirement System successfully rebutted the heart presumption, which, in turn, required the Retirement System to demonstrate -- through expert medical proof -- that Petitioner's cardiac condition was caused by risk factors other than his employment". [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Statute Extending Statute of Limitations Does Not Extend Time for Service of Process
29 Nov 2023, 6:00 am by The Law Offices of John Day, P.C.
In Briars v. [read post]
Day on Torts - http://www.dayontorts.com/
Seeing Clearly: Article III Standing of IPR Judicial Review
29 Nov 2023, 5:00 am by Jordan Duenckel
Lujan v. [read post]
Patently-O - https://patentlyo.com
A Cross-State Real Estate Legal Malpractice Case Survives
29 Nov 2023, 4:02 am by Andrew Lavoott Bluestone
The amended complaint alleged that the defendant failed to repay the $666,360 as required by the redemption agreement. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
A Question of First Impression: What Happens When the PTAB Fails to Meet the Statutory Deadline for Issuing a Final Written Decision?
28 Nov 2023, 2:15 pm by Holman
By Chris Holman Purdue Pharma L.P. v. [read post]
Patently-O - https://patentlyo.com
Portugal sued by environmental groups over failure to fulfill legislation tackling climate change
28 Nov 2023, 11:58 am by Fiona Tsamny | U. Ottawa Faculty of Law, CA
Court action, as stated in the report, is key to forcing governments to uphold their promises regarding climate change and does not allow them to escape accountability if they fail to do so. [read post]
JURIST - Paper Chase - https://www.jurist.org/news/
[Sasha Volokh] The Myth of the Federal Private Nondelegation Doctrine, Part 2
28 Nov 2023, 7:27 am by Sasha Volokh
  And Gundy v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Absent action by the State Legislature, New York State's statewide policy in favor of collective bargaining in the public sector controls
28 Nov 2023, 6:00 am by Public Employment Law Press
Relations Bd., 39 NY3d 17, 22 [2022], quoting Matter of City of Watertown v State of N.Y. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Absent action by the State Legislature, New York State's statewide policy in favor of collective bargaining in the public sector controls
28 Nov 2023, 6:00 am by Public Employment Law Press
Relations Bd., 39 NY3d 17, 22 [2022], quoting Matter of City of Watertown v State of N.Y. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Amid Africa’s Spate of Coups, Improved Election Observation Will be Crucial to Transition
28 Nov 2023, 5:56 am by Santiago Stocker
However, an honest assessment about a deeply flawed process that results in observers being denied access in future elections only serves to reveal the true state of democracy in a country. [read post]
Just Security - https://www.justsecurity.org/
[Eugene Volokh] Court Denies Plaintiff Pseudonymity in #TheyLied Libel Suit Stemming from Alleged Stealthing by 17-Year-Old
28 Nov 2023, 5:01 am by Eugene Volokh
See Roe v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Kapparot Protesters Lose Suit Against City
28 Nov 2023, 4:00 am by Howard Friedman
In Karlan v. [read post]
Religion Clause - http://religionclause.blogspot.com/
NOT FILING SUMMONS GOT CASE TOSSED
28 Nov 2023, 4:00 am
”Since Park Premium failed to serve or file a summons, “the jurisdiction of the court was never invoked,” and the court below had properly granted Norben’s dismissal motion and correctly cancelled the notice of pendency.That was far from a premium result for Park Premium ….# # #DECISIONPark Premium Enters., Inc. v Norben Lofts, LLC [read post]
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
The Fate of Patent Term Adjustment: In re Cellect Seeks Rehearing on Double Patenting
27 Nov 2023, 8:00 pm by Dennis Crouch
In Novartis AG v. [read post]
Patently-O - https://patentlyo.com