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8 Apr 2014, 12:18 pm
The prevailing view, as summarized in the Second Restatement of Judgments is that "the law of res judicata now reflects the expectation that parties who are given the capacity to present their entire controversies shall in fact do so". [read post]
7 Oct 2012, 2:43 pm
(Here is a link to a .pdf copy of their petition.)The Supreme Court could have denied the petition for rehearing outright, as it does with almost 99% of such petitions. [read post]
7 Feb 2017, 11:28 am
This article is directed towards the situation in which the losing party refuses to so comply, and the prevailing party must petition the appropriate court system to “enforce” the arbitrator’s award. [read post]
24 Jan 2011, 3:24 pm
So hurry up and get your filings in now. [read post]
18 Nov 2013, 4:00 am
The Appellate Division reversed the Supreme Court’s ruling explaining that “Under the particular circumstances of this case, the Supreme Court either should have dismissed the petition upon the [Board’s] motion, pursuant to the doctrine of primary jurisdiction or, upon the Commissioner's determination of the administrative appeal, should have permitted Marsico to amend her petition so as to seek review of the Commissioner's determination and to… [read post]
7 Mar 2013, 9:41 am
In fact, so much time has gone by that the first build-out deadline for those licenses (i.e., June 13, 2013) is fast approaching. [read post]
23 Jul 2015, 2:20 pm
After that, the Fifth Circuit denied Webster permission to file a successive collateral attack so that he could re-litigate the mental retardation claim again (for the third time) based upon allegedly newly discovered evidence. [read post]
20 Nov 2019, 9:15 pm
Jones, 213 So. 3d 982, 985 (Fla. 1st DCA 2016). [read post]
29 Jul 2011, 1:08 pm
So what? [read post]
19 Mar 2013, 12:13 pm
The court consolidated the two petitions. [read post]
5 Aug 2010, 5:25 pm
Nationwide, the total assets consumers reported on their bankruptcy petitions was up 34 percent, meaning that relatively wealthier consumers were increasingly at risk for bankruptcy. [read post]
5 Aug 2010, 3:25 pm
Nationwide, the total assets consumers reported on their bankruptcy petitions was up 34 percent, meaning that relatively wealthier consumers were increasingly at risk for bankruptcy. [read post]
19 Nov 2024, 8:33 am
The parties' petitions already adequately address this issue. [read post]
9 Jun 2012, 9:59 am
But that's not so. [read post]
27 Sep 2022, 9:15 am
The Solicitor General’s brief asks the nation’s highest court to grant cert on Abitron Austria’s appeal in order to properly limit the application of the Lanham Act so that damages are only awarded when the alleged infringement has a likelihood of causing confusion among U.S. consumers. [read post]
27 Sep 2022, 9:15 am
The Solicitor General’s brief asks the nation’s highest court to grant cert on Abitron Austria’s appeal in order to properly limit the application of the Lanham Act so that damages are only awarded when the alleged infringement has a likelihood of causing confusion among U.S. consumers. [read post]
6 Jan 2022, 4:50 pm
The petition argues that KSR v. [read post]
8 Feb 2014, 4:15 pm
The trial court granted the petition. [read post]
12 Apr 2016, 4:15 am
Civil Service Law §75 requires that a hearing officer appointed to conduct a disciplinary hearing be so designated in writing by the appointing authorityStapleton v Ponte, 2016 NY Slip Op 02658, Appellate Division, Second DepartmentThe Commissioner of the New York City Department of Correction, adopting and rejecting parts of the recommendation of an Administrative Law Judge [ALJ] following a hearing conducted pursuant to Civil Service Law §75, found Kadar Stapleton guilty of… [read post]
29 Apr 2010, 5:38 pm
An innocent party's failure to do so may result in the entry of a bogus order of protection. [read post]
