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27 Jun 2019, 9:46 am by Eric S. Schmitt
” This inquiry “does not reduce to any exhaustive test,” but does rely on “some especially important markers. [read post]
26 Jun 2019, 1:27 pm by Brett Holubeck
§ 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation. [read post]
25 Jun 2019, 10:57 am by Ray Forbess
  An aggravated battery is defined as: A person commits aggravated battery who, in committing battery: 1. [read post]
24 Jun 2019, 2:24 am
On appeal, Applicant convinced the Board of one of the following arguments: (1) that the marks are distinguishable, (2) that consumers of the products are highly sophisticated, (3) that the registered mark is weak, (4) that the registered mark does not currently appear to be used in commerce, or (5) that the USPTO has allowed similar pairs of marks to co-exist on the Principal Register. [read post]
23 Jun 2019, 8:35 am
 here The Court concluded that the Arbitrator had exceeded his authority by ignoring the last chance agreement.The Sixth Circuit (2-1) affirmed. [read post]
22 Jun 2019, 8:28 am by Erin Scharff
In a concurrence, Justice Samuel Alito, joined by Chief Justice John Roberts and Justice Neil Gorsuch, attempts to clarify that the narrowness of this holding does not mean there is no governing standard. [read post]
22 Jun 2019, 6:32 am by Miriam Seifter
” Kagan contests the notion that takings claims are treated worse than others under Williamson County (and rejects the bank robber analogy), noting that “[t]he distinctive aspects of litigating a takings claim merely reflect the distinctive aspects of the constitutional right,” which is not violated until “(1) the government takes property, and (2) it fails to pay just compensation. [read post]
21 Jun 2019, 2:50 pm by Howard Knopf
Mme Théberge mentioned three recent Board practice notices implanted since her appointment that “deal with: (1) electronic files submitted to the Copyright Board; (2) sworn statements by fact witnesses in oral hearings; and (3) acknowledgement of expert witnesses. [read post]
20 Jun 2019, 7:32 pm by Mila Sohoni
Justice Neil Gorsuch’s dissent was joined by Chief Justice John Roberts and Justice Clarence Thomas. [read post]
20 Jun 2019, 5:45 am by John Elwood
John Elwood reviews Monday’s relists. [read post]
19 Jun 2019, 11:24 am by Florian Mueller
While I would categorize some of Qualcomm's reply arguments as non sequitur material and consider some others outright smokescreens, that reply brief does contain food for thought.The first footnote is, however, almost a concession that a stay of the entirety of the FTC's remedies may have been too much to ask for:"Should the Court determine that the irreparable harm Qualcomm would suffer as a result of provisions (1) and (2) of the injunction does… [read post]
19 Jun 2019, 8:26 am by David M. Offen
Here are fifteen things you should know to be comfortable with your 341 meeting for Chapter 7 Bankruptcy cases. 1. [read post]
17 Jun 2019, 8:20 pm
 Part 1 and the Introduction to this critical reading of the State Council White Paper may be accessed here.Part 2 may be accessed HERE.Part 3 may be accessed HERE.Part 4 may be accessed HERE. [read post]
14 Jun 2019, 2:18 pm by Jonathan Shaub
The priority documents include, among other documents, (1) a memo and note drafted by James Uthmeier, a senior counsel in the Department of Commerce, and hand delivered to John Gore, the acting head of the Department of Justice’s Civil Rights Division, and (2) the drafts of the Justice Department’s 2017 letter to the Department of Commerce formally requesting the inclusion of the citizenship question on the census as a mechanism for enforcing the Voting… [read post]