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14 Aug 2019, 5:00 am by Carrie Goldberg
They were told that if he resisted, that was part of the fantasy. [read post]
13 Aug 2019, 9:01 pm by Samuel Estreicher
The court of appeals in State of Texas is simply ignoring the threshold inquiry that was Part I of the Abbott Laboratories decision—does the statute in question preclude pre-enforcement review? [read post]
13 Aug 2019, 11:37 am by anne
Without a seal lift from the federal court, alerting the state court to the FCA action, even ex parte, would risk the FCA action. [read post]
13 Aug 2019, 4:02 am by Roel van Woudenberg
In the cases referred to in answers 1(a) to (c), reimbursement of the appeal fee is to be ordered ex officio.3. [read post]
12 Aug 2019, 12:26 pm by Kevin LaCroix
These cases presumably pose less risk to plaintiffs’ attorney because of their higher ex ante probability of settlement. [read post]
12 Aug 2019, 3:43 am
There was no evidence of fame of the cite mark in this ex parte appeal (and the Examining Attorney is under no obligation to demonstrate such fame). [read post]
11 Aug 2019, 10:17 am
Arbitrator's award given res judicata effect in subsequent suit for recovery of misappropriated fundsPeter Gibson was fired from his job after he was accused of receiving almost $200,000.00, allegedly from funds misappropriated by his ex-wife from their employer and directed to an account that he and his ex-wife shared. [read post]
9 Aug 2019, 5:36 pm by Eugene Volokh
Even with an objective standard, vagueness may still inhere in the expansive nature of the conduct described. [read post]
9 Aug 2019, 12:54 pm by Emma DiNapoli, Jacques Singer-Emery
Similarly, Walter Ruiz, counsel for defendant Mustafa Ahmed al-Hawsawi, stated that the commission should not define the scope of mitigation at this phase in the proceedings and acknowledged that discoverable materials may not ultimately be admissible. [read post]
9 Aug 2019, 3:00 am by Jim Sedor
Defense attorneys attributed Cesar Sayoc’s mail-bomb activity in part to fervor for Trump’s rhetoric. [read post]
8 Aug 2019, 6:31 am by Joel R. Brandes
It provides, among other things,  that any person depicted in a still or video image, regardless of whether or not the original still or video image was consensually obtained, shall have a cause of action against an individual who, for the purpose of harassing, annoying or alarming such person, disseminated or published, or threatened to disseminate or publish, such still or video image, where such image: was taken when such person had a reasonable expectation that the image would remain… [read post]
8 Aug 2019, 6:15 am by Goldberg Jones
If you and your ex can’t talk without fighting, it may derail the process. [read post]
Third, and perhaps most troubling, this analytically and operationally invalid effects-based assessment of IHL compliance may often undermine the goal of civilian protection. [read post]
6 Aug 2019, 9:29 pm
Debts that are not forgiven for procedural reasons—because of timing or mistake on your part. [read post]
5 Aug 2019, 7:41 pm by Norma Duenas
Also, the debt may not be due until well after the date of filing. [read post]
5 Aug 2019, 4:25 am by SHG
Of course, they were all hot to hurt at the time, so maybe their prosecutorial emotions got the better of them, and in the cold light of cost/benefit calculations, they realize they may have gone overboard and demanded too much. [read post]
5 Aug 2019, 2:51 am
It subsequently requested the District Court to stop Nokia from proceeding with the German suits against Daimler, stating that they are "an attempt to force Daimler and other OEMs to accept non-FRAND licenses before this Court has an opportunity to adjudicate the case on the merits" [see Continental's motion for an anti-suit injunction to the District Court here, as well as Nokia's response brief here, with big thanks to Florian Mueller for uploading them].Nokia then requested… [read post]
1 Aug 2019, 8:34 pm by Scott McKeown
By the time Celgene filed the application that became the ’501 patent (1998) and the patent was issued (2000), and by the time Celgene filed the application that became the ’720 patent (2000) and the patent was issued (2001), ex parte reexamination had existed for roughly two decades. . . . [read post]