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15 May 2023, 8:00 am
But on appeal, the Appellate Division, Second Department, thought the dismissal was entered in error. [read post]
4 Apr 2016, 5:24 pm by Lawrence B. Ebert
No material facts are in dispute,and the district court made no error of law.link: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1767.Opinion.3-31-2016.1.PDF [read post]
14 Mar 2019, 12:01 pm by IPWatchdog
” Because the instant request for joinder was filed as a result of Petitioner’s errors, the Board dismissed the IPR petition, noting that “there are no fairness or undue prejudice concerns implicated, and the Petition is otherwise time-barred under § 315(b). [read post]
16 May 2023, 5:00 am
” Absent such a demonstration, the appellate court felt that the monetary relief had issued in error and reversed that part of the underlying determination.Think there was a lapse in judgment there? [read post]
20 Jan 2015, 2:12 pm by Jason Mazzone
Today's lucky golden ticket winner is Mark Christeson, a state death row inmate who sought to file a federal habeas petition but whose lawyers didn't get around to contacting him until six weeks after the one-year AEDPA deadline had passed. [read post]
14 Dec 2023, 4:00 am
”Believing that no additional discovery had been warranted, and that the underlying determination was in error, the AD1 reversed the Supreme Court’s order, and granted summary judgment in JMM’s favor.Think they labored over that? [read post]
30 Nov 2020, 11:11 am by Jon Sands
The concurrence disagrees and would find that knowingly is subjective but here the error is harmless. [read post]
25 Dec 2023, 7:00 am
Since the owner submitted evidence that all lease payments weren’t made, and that I.E.S. had signed two lease extension agreements (and accompanying guarantees), the Appellate Division, First Department, could discern no error. [read post]
21 Oct 2013, 5:21 am
Google sought reconsideration of the district court's order and the district court found that it had committed clear error. [read post]
14 Dec 2022, 6:36 am by Allan Blutstein
The e-mail stated that if the contractors believe the OFCCP sent this message to them in error – for example, if the company filed objections or did not meet the requirements for disclosure during a specific time period – contractors should reach out to the OFCCP as soon as possible, but no later than January 2, 2023.Read more here. [read post]
10 Feb 2014, 8:14 am
Aliano ("The plaintiff...appeals from the denial of her postdissolution motion for contempt filed against the defendant.... [read post]
13 Jan 2015, 5:09 am by Debra A. McCurdy
 CMS had previously announced that it is holding Medicare physician claims for services furnished during the first two weeks of 2015 because of unspecified errors found in the MPFS final rule. [read post]
3 Jan 2018, 10:38 am
  So if you’ve been injured (or a loved one has died) because of a doctor, hospital, nursing or other heath care error, contact us. [read post]
28 Apr 2014, 11:37 am
The immigration judge may have made a legal or factual error. [read post]
7 Apr 2016, 4:30 am by Kelly Mackin
The District Court’s errors in the Broadband iTV decision are a paradigmatic and telling manifestation of certain of the manners in which district courts are misapplying the two-step Alice test in order to invalidate patents, creating something of a fait accompli at the outset of the filing of an Alice motion. [read post]
13 Feb 2015, 7:12 am by Lisa Baird
The authors also urge companies facing potential issues to consider whether notice should be given to insurers with policies potentially providing coverage, even if no formal claim or lawsuit has been filed. [read post]
2 Dec 2015, 8:58 am by Lawrence B. Ebert
Because this case does not involve the factual findings to which we owe deference under Teva, we again reverse the district court’s construction of the term “virtual machinelink: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/14-1135.Opinion.11-30-2015.1.PDF [read post]
11 Jul 2023, 8:00 am
(It didn't think it was error for the judge to have entertained both the officer's testimony and the refusal report.)He sure tested the appellate court there.# # #Matter of V. v New York State Dept. of Motor Vehicles Appeals Bd. [read post]