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21 May 2024, 1:15 pm by Tobin Admin
But Judge Barnes and the Court of Appeals found this argument unpersuasive. [read post]
21 May 2024, 11:49 am by Robert Guest
Moreover, the court explained that the Father was incorrect in asserting that courts should equally divide all marital property. [read post]
21 May 2024, 9:45 am by Dennis Crouch
LKQ appealed to the Federal Circuit, arguing that KSR overruled or abrogated the Rosen-Durling test. [read post]
21 May 2024, 8:17 am by Phil Dixon
Another challenge to the conviction was likewise rejected, and the judgment of the district court was affirmed in all respects. [read post]
21 May 2024, 6:00 am by Anna Price
The plan commission denied Quintana’s amendment, and Quintana appealed to the Allen Superior Court. [read post]
21 May 2024, 5:00 am by Josh Blackman
Harvie Wilkinson III of the Fourth Circuit Court of Appeals. [read post]
21 May 2024, 5:00 am by Written on behalf of Peter McSherry
Court Explains the Legal Principles Applicable to Awards of Moral Damages As noted by the Court of Appeal, “the duty of honest performance applies to all contracts, including employment contracts”, and this duty includes an employer’s obligation to act in good faith during the course of dismissing someone from their employment. [read post]
21 May 2024, 5:00 am by Written on behalf of Peter McSherry
Court Explains the Legal Principles Applicable to Awards of Moral Damages As noted by the Court of Appeal, “the duty of honest performance applies to all contracts, including employment contracts”, and this duty includes an employer’s obligation to act in good faith during the course of dismissing someone from their employment. [read post]
21 May 2024, 4:00 am by Alan Macek
However, the Federal Court of Appeal (see Sweet Productions Inc. v. [read post]
21 May 2024, 2:35 am by musicandcopyright
The music companies requested that the Supreme Court review the ruling, and the highest court in the US has now affirmed the appeal court’s decision. [read post]
20 May 2024, 9:05 pm by renholding
Strikingly, Judge Pérez’s concurrence in Frutarom recognized that the court unnecessarily created new law, engaging in undue judicial policymaking. [read post]
20 May 2024, 4:25 pm by Dennis Crouch
By allowing the judge-made ODP doctrine to override this statutory guarantee, the court improperly elevated its own precedent over the intent of Congress. [read post]
20 May 2024, 3:23 pm by Dennis Crouch
However, Judge Bencivengo, sitting by designation at the Federal Circuit, dissented in part, arguing that in exceptional cases based on the complaint being objectively baseless from the start, district courts should have discretion to award defendants all reasonable fees, including those incurred in an IPR that resolved invalidity defenses asserted in response to the baseless complaint. [read post]
Regardless of the outcome of the pending lawsuits, we anticipate that the losing party(ies) will appeal the decision, and that such challenges will continue until this issue reaches the Supreme Court’s doors (a process that could take upwards of 18 to 24 months, plus additional time for the Supreme Court to resolve the question). [read post]
20 May 2024, 8:40 am by David Pozen
” Yet given this status quo, contemporary drug reformers have little to lose from pitching new legal arguments, not only or primarily to the Court but also to state judges and extrajudicial audiences. [read post]
20 May 2024, 8:06 am by Guest Author
The time-intensive historical inquiries demanded by originalism pose challenges for district and court of appeals judges with many cases to decide. [read post]