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23 Jun 2014, 12:00 am
" Citing Bilski, the Court rejected Alice Corp.'s argument that the abstract idea category is confined to "'preexisting, fundamental truth[s]' that '"exis[t] in principle apart from any human action.'" As such, the Court held that the claims are "squarely within" the realm of abstract ideas and, thus, directed at patent-ineligible subject matter. [read post]
21 Feb 2014, 6:00 am
(2) Rule 2.9(A)(4), Ex parte Communications: "A judge may, with the consent of the parties, confer separately with the parties and their lawyers in an effort to settle matters pending before the judge." [read post]
24 Aug 2014, 12:45 am
In VA, it doesn't really matter what the snorkel the federal holdings are -- the Supreme Court of VA has said no dice to re-opening immigrant cases for lack of notice as to consequences. [read post]
16 Jan 2024, 6:00 am
With respect to Probationer's request for a "judgment as a matter of law" [JMOL], the Circuit Court noted “[i]t is well established that a party is not entitled to challenge on appeal the sufficiency of the evidence to support the jury’s verdict on a given issue unless it has timely moved in the district court for judgment as a matter of law on that issue. [read post]
4 Apr 2016, 4:00 am
If successful, the Bank would have lost its secured position.The Bankruptcy Court in this matter decided that the Ohio Court should make the determination on the application of 1301.401, which is part of Ohio’s Uniform Commercial Code (the “UCC”), to a recorded mortgage that is clearly defectively executed under ORC 5301.01.ORC 5301,01 provides that a mortgage must be signed by the mortgagor and the execution must be acknowledged by the mortgagor in front of a judge or… [read post]
26 Apr 2013, 9:09 am
Noting that “[I]t is troubling that the petition is based solely on conduct that occurred 40 years ago —- 13 years before [Hedges] was elevated to the bench,” the Court of Appeals said that the misconduct alleged is grave by any standard. [read post]
9 Nov 2020, 7:00 am
" Similarly, said the Commissioner, a petitioner may not challenge an action of the BOR or its members in an appeal pursuant to Education Law §310, pointing out that the relevant portion of Education Law §310 provides that any party conceiving himself aggrieved "[b]y any ... official act or decision of any officer, school authorities, or meetings concerning any other matter under this chapter, or any other act pertaining to common schools may appeal by petition… [read post]
9 Nov 2020, 7:00 am
" Similarly, said the Commissioner, a petitioner may not challenge an action of the BOR or its members in an appeal pursuant to Education Law §310, pointing out that the relevant portion of Education Law §310 provides that any party conceiving himself aggrieved "[b]y any ... official act or decision of any officer, school authorities, or meetings concerning any other matter under this chapter, or any other act pertaining to common schools may appeal by petition… [read post]
16 Jan 2024, 6:00 am
With respect to Probationer's request for a "judgment as a matter of law" [JMOL], the Circuit Court noted “[i]t is well established that a party is not entitled to challenge on appeal the sufficiency of the evidence to support the jury’s verdict on a given issue unless it has timely moved in the district court for judgment as a matter of law on that issue. [read post]
14 Dec 2014, 12:53 pm
The village argued that the issue was actually a matter of collateral estoppel, and since it wasn’t involved in the pension proceeding, the Board’s ruling was not preclusive. [read post]
1 Feb 2016, 10:30 pm
§ 2244(b). [read post]
16 Nov 2017, 7:00 am
As explained in a 2006 case, the adjudicative phase occurs first and determines whether the child comes within statutory requirements of MCL. 712A.2 (b) giving the court jurisdiction. [read post]
6 Mar 2009, 12:35 pm
The assertion was also not actionable under § 43(a)(1)(B) based on the Ninth Circuit's interpretation of Dastar in Sybersound Records v. [read post]
12 Jun 2015, 8:07 am
When I assist clients in setting up entities, one of the threshold matters, of course, is the selection of a name for the entity. [read post]
15 May 2010, 6:05 pm
/Matter of K.D. and R.D., ? [read post]
22 May 2018, 11:05 pm
The subject matter, land, is, after all, both very important and limited. [read post]
22 May 2018, 11:05 pm
The subject matter, land, is, after all, both very important and limited. [read post]
14 Mar 2022, 4:00 am
In my legal practice, I exclusively advise businesses on matters related to privacy and technology law. [read post]
19 May 2009, 11:34 am
First, the fact that you were not driving a CDL vehicle at the time of your DUI arrest does NOT matter, you still have the same problem. [read post]
2 Apr 2010, 5:06 am
Sagarin, B. and Cialdini, R. (2004). [read post]
