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27 Jun 2007, 2:00 am
The First District Illinois Appellate Court acknowledged there was no controlling precedent directly on point. [read post]
10 Sep 2022, 6:25 am
The post The Eleventh Circuit Reins in the National Injunction appeared first on Reason.com. [read post]
31 May 2016, 2:34 pm
” And under California law, a claim that is raised for the first time in a state post-conviction proceeding is deemed defaulted if it could have been raised on direct appeal. [read post]
10 Feb 2016, 8:52 am
Like you, I oppose jail for first-time drug users with no prior record. [read post]
9 Jul 2018, 4:49 pm
First some background. [read post]
4 Mar 2013, 6:58 pm
Claim preclusion prohibits the "assertion of a claim in a subsequent case when (1) there is a final determination on the merits by a court of competent jurisdiction; (2) the parties in the second action are the same or in privity with those in the first action; and (3) the second action is based on the same claims as were raised or could have been raised in the first action." [read post]
21 Apr 2017, 6:57 am
Its support of an industry coalition in Europe (relating to the future Unified Patent Court) was a first significant step. [read post]
4 Aug 2011, 5:00 am
The court found that the derivative claim could have merit. [read post]
9 Jul 2009, 6:24 am
In many cases, both sides have equal merit. [read post]
16 Jun 2009, 1:09 pm
As I read this opinion, which (on the merits) seems right to me, I was hoping that someone would say exactly what Justice Mosk says in his brief (two-paragraph) concurrence.An officer with the LAPD calls in sick. [read post]
18 Mar 2008, 2:25 pm
Fletcher's story, a lot of people with no first hand knowledge like to talk. [read post]
18 Feb 2011, 12:21 pm
We believe it is without merit and will respond in Court at the appropriate time. [read post]
9 Sep 2010, 8:56 am
The 2008 ruling by the Croatian Administrative Court recognized such right to a Brazilian national, i.e. her descendant of the first degree. [read post]
27 Jan 2011, 6:40 am
If at first you don't succeed, I suppose ...Jobs for ex-offenders reduce prison costs The New York Times published an interesting story this week on various states helping ex-offenders get jobs to reduce recidivism and prison populations. [read post]
1 Oct 2024, 9:41 pm
(internal quotes/citations omitted) As to the Court’s merit based discussion, petitioner argues: Today, neither issuance nor filing dates necessarily control expiration. [read post]
3 Mar 2010, 3:36 pm
Considering that your client list is one of the most valuable assets your firm has, it merits a few minutes of consideration. [read post]
4 Dec 2018, 10:29 pm
The first prong of the waiver test -- substantial invocation of the judicial process -- was clearly satisfied. [read post]
7 Apr 2014, 3:54 am
Because the appellate court’s ruling involved the merits only of the advancement issue and did not involve an appellate consideration of the merits of the coverage dispute under the insured vs. insured exclusion, it will have no preclusive effect even in the First Circuit of the continuing dispute as to whether or not the FDIC’s assertion of claims in its capacity as receiver of a failed bank against the bank’s former directors and officers are… [read post]
2 May 2007, 9:26 am
The First Department reversed, vacated the judgment, and dismissed the claim as abandoned. [read post]
3 Mar 2008, 7:28 am
The initiating party, called the "petitioner," presents his or her case first. [read post]
