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15 May 2023, 10:57 am
On Monday, the justices noted “probable jurisdiction,” a step that puts the case on their merits docket for argument sometime next term. [read post]
15 May 2023, 5:00 am
And the Appellate Term, First Department, noted that such motions should “rarely, if ever, be entertained in Small Claims Court. [read post]
15 May 2023, 4:31 am
If every reform outlined in After Trump had been enacted, a second-term Trump presidency would be significantly hemmed in with respect to his worst first-term abuses. [read post]
15 May 2023, 12:28 am
The recent decision in T 0042/19 found merit on both sides of the argument, but concluded that the power of Boards of Appeal to overturn a finding of fact by a first instance department was generally curtailed in view of the principle of the free evaluation of evidence. [read post]
14 May 2023, 9:01 pm
Zurn also noted that Corwin left untouched earlier Delaware Supreme Court precedent, In re Santa Fe, that appears to suggest a stockholder vote cannot cleanse claims for injunctive relief brought under Unocal.[19] Finally, the Court asserted that applying Corwin to claims for injunctive relief would not serve Corwin’s underlying public policy rationale of allowing stockholders to make free and informed choices based on the economic merits of a transaction.[20] In so holding, the Court… [read post]
14 May 2023, 9:00 pm
First, some readers claim that we made technical errors in parsing the precise language of the relevant statutes. [read post]
14 May 2023, 9:00 pm
The Treasury could issue what we call “fallback bonds,” which specify that if they are held invalid they will be replaced by other kinds of bonds, which in turn could be replaced by platinum coins if the first fallback option is also held invalid, and so on. [read post]
14 May 2023, 3:24 pm
Setting aside the merits or constitutionality of Chevron, the premise of Justice Scalia’s analysis about jurisdiction was correct. [read post]
14 May 2023, 2:31 pm
(In any case, markets would prefer a decision that reached the merits and unambiguously upheld the administration's actions to a decision to avoid the merits that left any door open to additional litigation.)The Merits of Three Possible WorkaroundsSo let us discuss those merits. [read post]
14 May 2023, 6:43 am
Jason Ponder: I think all situations have a certain merit either way. [read post]
13 May 2023, 5:34 am
The court ultimately found that the parents’ arguments lacked merit. [read post]
12 May 2023, 4:57 pm
On Appellants’ consolidated appeals of the anti-SLAPP order and the fee order, the First District reversed, vacated both, and awarded Appellants their costs on appeal. [read post]
12 May 2023, 1:26 pm
The post Main Causes of Business Contract Disputes appeared first on Patrick, Harper & Dixon, LLP. [read post]
12 May 2023, 6:00 am
In my first book, Constitutional Faith, I compared this institutional theory to that of the Roman Catholic Church’s assignment of authority to the Pope, who in certain circumstances is indeed regarded as “infallible. [read post]
12 May 2023, 4:00 am
From the States and Municipalities Arizona – Tucson Lawmaker Who Hid Bibles Says Ethics Complaint Lacks Merit Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 5/8/2023 Arizona Rep. [read post]
11 May 2023, 2:20 pm
The advice merits repetition and elaboration. [read post]
11 May 2023, 11:06 am
Judge Newman, for her part, is contesting both the process and merits of those proceedings, as she has every right to do. [read post]
11 May 2023, 10:12 am
., the Federal Circuit held for the first time (to the best of my knowledge) that the PTAB erred in finding cited prior art to be analogous in an IPR. [read post]
11 May 2023, 10:00 am
First, under 35 U.S.C. [read post]
11 May 2023, 9:07 am
[The Supreme Court issues five merits opinions, but there are still forty more waiting.] [read post]