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15 Mar 2022, 11:15 am
When a defendant is secured and has no access to nearby property, Terry does not justify searching the property for officer safety. [read post]
16 May 2016, 11:59 am
ICBC appealed but in reasons for judgement released today the BC Court of Appeal upheld the trial court’s reasoning. [read post]
10 Aug 2016, 7:06 am
An untimely post-sentence motion does not toll the 30-day appeal period. [read post]
18 May 2012, 1:31 pm
The degree of necessity does not have to be absolute; the pertinent action only has to be desirable. [read post]
5 Apr 2016, 2:02 pm
(“HP”) appeals from the final decision of theUnited States Patent and Trademark Office (“PTO”)Patent Trial and Appeal Board (the “Board”) in an interpartes review (“IPR”) proceeding finding claims 1–12, 14,and 15 of U.S. [read post]
31 May 2024, 8:12 pm
The appeals court agreed with the district court that its order does not pose a great “fiscal or administrative burden on the government” because providing counsel will “make criminal proceedings less burdensome on all involved'” without much cost. [read post]
6 Feb 2019, 6:52 am
The Third Circuit Court of Appeals ruled that a federal statute that governs interstate trucking does not preempt the application New Jersey’s ABC test for distinguishing between employees and independent contractors. [read post]
13 Jan 2012, 8:08 am
What does this mean for practitioners? [read post]
15 Jan 2013, 4:00 am
The Commissioner dismissed Advanced Therapy’s appeal, explaining that “It is well settled that Education Law §310 does not authorize an appeal to the Commissioner from actions taken by members of the staff of the State Education Department “ Such decisions, said the Commissioner may be challenged in a proceeding brought in a court of competent jurisdiction pursuant to Article 78 of the Civil Practice Law and Rules. [read post]
19 Feb 2015, 6:09 am
A greater number of MDL appeals could well produce a greater number of defense wins.However, the Court’s recognition of MDL appeals of right does two things procedurally. [read post]
6 Jan 2014, 7:41 pm
An example of an appropriate time to appeal to the Trademark Trial and Appeal Board (TTAB) is when the Examining Attorney does not submit sufficient evidence into the record to meet its burden of making a prima facie showing that the mark is not registrable under the Rules of the Trademark Manual of Examining Procedure. [read post]
15 Jan 2021, 7:11 am
We have never suggested, as the majority opinion does today, that the "pure issue of law" exception is confined to cases where the "two alternative paths to review"—interlocutory appeal and a Rule 50 motion—"[are not] available. [read post]
15 May 2019, 4:23 am
Attig | Steel takes great pains to review both your C-File and the RBA, to compare the two (2) documents because, absent agreement on what constitutes the RBA, the appeal does not continue. [read post]
26 Jan 2012, 11:55 am
Garden Capital Corp., [1999] 3 S.C.R. 423, explained that although repudiation ends the ongoing rights and obligations of parties under a contract, it does not affect rights and obligations that have accrued. [read post]
4 Jun 2009, 11:16 am
The Indiana Court of Appeals explained that, generally, a minor’s cause of action does not accrue until the “disability” is removed. [read post]
31 Aug 2011, 3:01 pm
This does not constitute damages. [read post]
9 Jan 2010, 11:06 am
When does a design choice rise to the level of being a patentable invention? [read post]
12 Aug 2020, 12:59 pm
The court said that this was not part of protectable expression, because copyright law does not protect ideas. [read post]
24 Mar 2009, 4:17 pm
Court of Appeals has reversed a Federal trial court and denied an petition under the Hague Convention on the Civil Aspects of International Child Abduction for return of the child to Mexico, pending an actual custody determination. [read post]
25 Nov 2020, 10:55 am
Schreiber has yet to indicate whether he will appeal. [read post]
