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1 Apr 2012, 4:36 pm by NL
In between, the position will, in differing degrees, be less clear. [read post]
1 Apr 2012, 4:36 pm by NL
In between, the position will, in differing degrees, be less clear. [read post]
31 Mar 2012, 9:38 am by Rebecca Tushnet
  Had a case where a comic artist was ordered not to draw comics for years as part of a resolution of an obscenity case. [read post]
31 Mar 2012, 5:08 am by INFORRM
However, it is not at all clear that such a finding would be ‘ludicrous’. [read post]
30 Mar 2012, 2:32 pm by Rebecca Tushnet
  (Liebler says real v. fake but it’s not clear to me this is the proper characterization.) [read post]
30 Mar 2012, 5:05 am by Greg Herman-Giddens
  The court ruled that the district court's grant of summary judgment to the defendants was: 1) affirmed in part, since the plan was required to distribute the funds to the ex-wife as the named beneficiary; but 2) reversed in part, because the estate could bring an action against the ex-wife to enforce her waiver and recover the disputed plan proceeds. [read post]
29 Mar 2012, 1:10 am by Scott A. McKeown
Added Rebuttal Opportunity of Limited Value to Patentees When faced with a third party request for either ex parte patent (EXP) reexamination or inter partes patent (IPX) reexamination, a Patentee must sit helplessly by and await the determination of the USPTO to grant or deny the request. [read post]
28 Mar 2012, 5:59 pm by Rebecca Tushnet
  Now an ex parte TRO to freeze a bank account is relatively common, but then it was a big issue. [read post]
28 Mar 2012, 7:04 am by Durga Rao Vanayam
 As it is considered that the Bank will take recourse to SARFAESI Act, 2002 to enforce the Secured Asset, the borrower may neglect the proceedings under the RDDB Act, 1993 and there can be some ex-parte issuance of Recovery Certificate and the Recovery Officer may initiate execution proceedings. [read post]
28 Mar 2012, 6:44 am by Durga Rao Vanayam
The fact that there is no statutory prohibition against the secured creditor taking part in the auction, will not enable them to purchase the property by re-fixing the market price as well as the reserve price and to purchase the property at such reduced rate. [read post]
27 Mar 2012, 4:05 am by Marty Lederman
While most everyone’s attention understandably has been focused on the constitutional challenge to the insurance-maintenance provision of the ACA being argued in Court this morning, the other substantive challenge before the Court this week—namely, the argument by the 26 plaintiff States that Congress’s manner of expanding Medicaid eligibility in the ACA is unconstitutional (being argued tomorrow afternoon)—has mostly slipped under the radar. [read post]
23 Mar 2012, 11:13 am by Wahab & Medenica LLC
May an employer keep an employee (or ex-employee) from making defamatory comments about the employer online? [read post]
22 Mar 2012, 6:44 am by PaulKostro
In a footnote, the Court made clear that its holding did not address the question of whether the estate could have sued the ex-wife to recover the benefits after she received them from the plan administrator. [read post]
21 Mar 2012, 9:12 am by Cynthia L. Hackerott
Congress may also ab­rogate the states’ immunity pursuant to its powers under Section 5 of the Fourteenth Amendment, but it must make that intention unmistak­ably clear in the language of the statute. [read post]
21 Mar 2012, 8:40 am by Joel R. Brandes
On November 15, 2011, the Mother obtained an ex parte temporary order of protection from the Suffolk County Family Court, which directed the Father to stay away from her and from the children . [read post]
21 Mar 2012, 5:10 am by Heidi Henson
Congress may also abrogate the states’ immunity pursuant to its powers under Sec. 5 of the Fourteenth Amendment, but it must make that intention unmistakably clear in the language of the statute. [read post]
20 Mar 2012, 5:09 am
The attitude, however, was quite clear: We are excited, because one of our own is showing that Toledo is not necessarily as small-time as everyone knows it is. [read post]
19 Mar 2012, 9:06 pm by Lyle Denniston
It was clear, then, that there was a split in the Circuit Courts as the cases moved on up to the Supreme Court, and that is usually enough to persuade the Justices to take on an issue. [read post]