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21 Feb 2012, 6:05 pm by Lawrence B. Ebert
Rao, Scientific Adviser to the Prime Minister of India is involved in a matter involving copying of text FROM a paper published in 2010 INTO a 2011 paper co-authored by Rao. [read post]
1 Dec 2008, 12:04 pm
Consistent with Fifth Circuit authority, the district court began its analysis with the jurisdictional attack under Rule 12(b)(1): “When a Rule 12(b)(1) motion is filed in conjunction with other Rule 12 motions, the court should consider the Rule 12(b)(1) jurisdictional attack before addressing any attack on the merits. [read post]
16 Oct 2016, 9:40 am by Immigration Lawyer Peter Messersmith
There is no immigrant waiver for 212(a)(3)(B). [read post]
8 Jun 2016, 5:47 am
Crew filed a motion to dismiss the plaintiffs' claims for patent infringement pursuant to Federal Rule of Civil Procedure 12(b)(6), asserting that the patents-in-suit are drawn to patent-ineligible subject matter and therefore invalid under 35 U.S.C. [read post]
17 Oct 2018, 9:00 am by Public Employment Law Press
In lieu of answering, Defendant moved to dismiss the claim, asserting, among other things, that the Court of Claims lacked subject matter jurisdiction because the claim failed to comply with the substantive pleading requirements of Court of Claims Act §11(b). [read post]
17 Oct 2018, 9:00 am by Public Employment Law Press
In lieu of answering, Defendant moved to dismiss the claim, asserting, among other things, that the Court of Claims lacked subject matter jurisdiction because the claim failed to comply with the substantive pleading requirements of Court of Claims Act §11(b). [read post]
20 Dec 2010, 10:31 am by Gene Quinn
Kappos, opted for a broad view of what is considered patentable subject matter. [read post]
9 Apr 2015, 11:10 am by Stephen Bilkis
As a threshold matter, the petitioner, Forestdale, Inc., established that it made diligent efforts to encourage and strengthen the parental relationship between the appellant and the subject child by, inter alia, scheduling weekly visitation and by providing referrals to parenting skills classes and anger management counseling (see Social Services Law § 384-b [7] [f]; Matter of Jamie M., 63 NY2d 388 [1984]). [read post]
2 Aug 2006, 12:10 pm
One wonders if any amount of time will make a conviction too remote for Rule 404(b) purposes. [read post]
23 Oct 2023, 12:20 pm by Daniel M. Kowalski
Matter of Brathwaite, 28 I&N Dec. 751 (BIA 2023) Because an appeal accepted under section 460.30 of the New York Criminal Procedure Law is classified as a direct appeal, a respondent with a pending appeal under this section does not have a final conviction for immigration purposes. [read post]
31 Jan 2024, 6:04 am by Daniel M. Kowalski
Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024) - The Department of Homeland Security cannot remedy a notice to appear that lacks the date and time of the initial hearing before the Immigration Judge by filing a Form I-261 because this remedy is contrary to the plain text of 8 C.F.R. [read post]
23 Feb 2024, 8:41 am by Daniel M. Kowalski
Matter of Azrag, 28 I&N Dec. 784 (BIA 2024) - Where a State court order granting a respondent’s motion to vacate a conviction does not indicate the reason for the vacatur, and there is no other basis in the record to independently establish the reason, the respondent has not satisfied his burden to show that the court vacated his conviction because of a substantive or procedural defect in his criminal proceedings. [read post]
8 Dec 2008, 8:42 pm
  These subject-matter conflict cases also underscore the importance of conflict checks for technology as well as other types of potential conflicts. [read post]