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11 Jun 2024, 5:00 am by Public Employment Law Press
"Where evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), and the motion is not converted into one for summary judgment, the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one, and unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all and unless it can be said that no significant dispute exists regarding it, dismissal… [read post]
11 Jun 2024, 5:00 am by Public Employment Law Press
"Where evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), and the motion is not converted into one for summary judgment, the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one, and unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all and unless it can be said that no significant dispute exists regarding it, dismissal… [read post]
11 Jun 2024, 1:42 am by Eleonora Rosati
This analysis is consistent with recently published decisions by both the General Court and the Boards of Appeal on the topic, inter alia: mataharispaclub v EUIPO - Rouha (SpaClubMatahari), Gugler France v EUIPO - Gugler (GUGLER), R 1320/2022-4, CELESTINO, and R 470/2023-2, TOYA (fig.).Therefore, it is crucial for bad faith applicants to prioritise thorough, high-quality evidence collection for a successful case. [read post]
10 Jun 2024, 5:50 am by Berke Gursoy
This is a high but not impossible bar to meet, as shown in United States v. [read post]
10 Jun 2024, 12:43 am by Rose Hughes
Notably, § 112, r 6 does not state that the Specification must also describe equivalents of that structure. [read post]
9 Jun 2024, 9:05 pm by Jennifer L. Selin
Put in terms underlying the Supreme Court’s famous decision in Marbury v. [read post]
9 Jun 2024, 9:40 am by Giles Peaker
The review decision in part stated I refer to R v Oxford CC ex p Doyle (1997) concluding that a Child Arrangement Order does not mean the Children are reasonably expected to live with both parents. [read post]
8 Jun 2024, 8:33 am by familoo
It’s easy to dismiss complaints about a pro-contact culture by saying ‘well, it’s just the law’. [read post]
7 Jun 2024, 6:44 am by Andrew Lavoott Bluestone
” “Here, plaintiff fails to plead facts stating a claim for both “fraud on the court” and under Judiciary Law§ 487. [read post]
7 Jun 2024, 6:12 am by Keith Mallinson
As stated by the judges’ decisions in Unwired Planet v Huawei and TCL v Ericsson, respectively: “Based on my assessment of both experts, I am sure the disagreement represents cases in which reasonable people can differ. [read post]
7 Jun 2024, 3:30 am by Jon Choi
Brooks and Gamage’s work is especially timely given that the Supreme Court will rule on Moore v. [read post]
  On Tuesday I attended a hearing called by the US Senate Committee on Health, Education, Labor, and Pensions to examine women’s freedoms, focusing on access to abortions across the United States two years after the overturning of Roe v. [read post]