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16 Aug 2017, 12:41 pm by Mike Mireles
Several commenters expressed concern that these decisions have created inconsistency, uncertainty, and unpredictability in the issuance and enforcement of patents, particularly in the life sciences, software, and e-commerce industries.A diverse group of representatives from academia, industry, law firms, and legal associations proposed legislative changes aimed at reversing the recent trend in the law and restoring, in their view, a more appropriate dividing line between eligible and… [read post]
3 Oct 2013, 12:01 am by Gilles Cuniberti
The first commentary of the European Regulation No 650/2012 of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession has been published by Bruylant. [read post]
19 Dec 2008, 1:42 pm
§ 1132(e)(1).In the final footnote, the court noted that "[w]e wish to emphasize that even though we find any action by City Hospital to enforce its subrogation rights to be completely preempted, the Circuit Court of Berkeley County clearly retains jurisdiction to approve or disapprove the proposed infant settlements set forth in the petitions for approval of minor settlements. [read post]
25 Sep 2015, 6:43 am
`[E]ntrapment as a matter of law exists only when there is undisputed testimony which shows conclusively and unmistakably that an otherwise innocent person was induced to commit the act. [read post]
24 Aug 2023, 6:00 am by Public Employment Law Press
Further, said the court, "Judicial review of an administrative penalty is limited to whether the measure or mode of penalty or discipline imposed constitutes an abuse of discretion as a matter of law" and "An administrative penalty must be upheld unless it is so disproportionate to the offense as to be shocking to one's sense of fairness, thus constituting an abuse of discretion as a matter of law" (see Matter of Bolt v New York City Dept. of… [read post]
12 Mar 2024, 7:44 am by Second Circuit Civil Rights Blog
  While "Reynolds’s primary argument is that reports about misconduct at the DEP must necessarily be connected to the 'health and safety of the public via the she[e]r nature of the work at the [DEP], namely ensuring clean drinking water for the public,” the Court holds that he must do more than allege that the "sheer nature" of this kind of work was connected to the public's safety and was therefore a matter of public concern. [read post]
3 Mar 2015, 9:50 am
” question matters to all of us, the “how did they get there? [read post]
24 Aug 2023, 6:00 am by Public Employment Law Press
Further, said the court, "Judicial review of an administrative penalty is limited to whether the measure or mode of penalty or discipline imposed constitutes an abuse of discretion as a matter of law" and "An administrative penalty must be upheld unless it is so disproportionate to the offense as to be shocking to one's sense of fairness, thus constituting an abuse of discretion as a matter of law" (see Matter of Bolt v New York City Dept. of… [read post]
13 May 2020, 1:18 pm by Lawrence B. Ebert
We expressly held that “[w]e thereforefirmly bring ourselves into accord with Lexmark [Int’l, Inc.v. [read post]
15 Jun 2015, 11:30 am by The Public Employment Law Press
The workers had demanded that the question of whether their dismissals were disciplinary actions should be submitted to arbitration.In Lanterman the Court of Appeals, citing Matter of Felix v New York City Dept. of Citywide Admin. [read post]
12 Apr 2018, 11:39 am by Eugene Volokh
I e-mailed CUNY (that's the City University of New York) law school, asking, I'm blogging an item ... about Prof. [read post]
13 Mar 2023, 6:00 am by Public Employment Law Press
** (see Matter of City of Long Beach v Long Beach Professional Fire Fighters Assn., Local 287, 161 AD3d 855. [read post]
24 Oct 2017, 9:33 am by Mark Astarita
Investigations where the SEC believes there is an ongoing harm can be in court in a matter of days. [read post]