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5 Mar 2010, 2:10 pm by JT
The issue of what must be demonstrated in order to divest a court of subject matter jurisdiction when there is a workers compensation issue present has been the matter of significant debate over the last few years. [read post]
15 Aug 2019, 10:36 am by Jeffrey P. Gale, P.A.
The court went on to say: “Although Vallejos was able to pursue a civil action based upon exceptions to the workers’ compensation statute, the trial court correctly granted summary judgment in favor of the appellees because the “gross negligence” and “unrelated works” exceptions do not apply as a matter of law, and taking the facts in the light most favorable to Vallejos, he cannot prove that Infinity was grossly negligent or that Lan committed an… [read post]
15 Jun 2023, 12:01 pm by Jeffrey P. Gale, P.A.
Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. [read post]
22 Dec 2015, 10:06 am by Lisa Larrimore Ouellette
His analysis of how Roslin should be analyzed under Alice begins on p. 11 of the current draft:[E]ven assuming that the cloned sheep failed the first prong of the Alice test, the analysis would then move to the second prong to look for an "inventive concept" that takes the claimed invention beyond an attempt to merely capture the prohibited category of subject matter identified in the first step. . . . [read post]