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  Below is a brief snapshot of the status of some of these challenges: Cemex (Union Representation Rules):  Cemex Construction Materials Pacific, LLC, is awaiting oral argument in the U.S. [read post]
29 Dec 2006, 9:40 am
Creative users of these tools can identify larger patterns in their data, discern trends that would not be noticeable if one looked only at individual files, and test the various hypotheses that lawyers need to construct and destroy as the work up their cases. [read post]
1 Oct 2009, 5:48 pm by admin
Specifically, Charleswood failed to implement best management practices to reduce the amount of sediment discharged from construction activities. [read post]
18 Jan 2010, 9:24 pm
  Allstate moved under CPLR 3211(a)(7) to dismiss the second and third causes of action of plaintiffs' complaint, contending that the plaintiffs had failed to allege consumer-oriented conduct, that any act by the defendant was deceptive or misleading in a material way, and that they had been injured as a result of an allegedly deceptive act. [read post]
21 Oct 2012, 10:08 am by Ira Meislik
One equitable construct that has been used to protect parties from the harsh results of strict contract construction is the principle that equity will intervene to avoid forfeiture. [read post]
In a brief filed in Cemex Construction Materials Pacific LLC, the General Counsel argued that the Board should forgo 50 years of precedent by reverting to the Joy Silk doctrine. [read post]
  On August 25, 2023, the Board released its decision in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023), which falls short of a complete revival of the Joy Silk doctrine, but overrules existing precedent and establishes an easier way for unions to establish representation. [read post]
Second, the Board issued a decision in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (August 25, 2023), which announced a new process when a union or employees believe that a majority of employees wish to be represented. [read post]
1 Jun 2010, 11:05 pm
Clariti Eyewear, Inc. (271 Patent Blog) (Inventive Step) CAFC reverses BPAI's claim interpretation: In re Vaidyanathan (Gray on Claims) CAFC affirms claim construction and rejects indefiniteness argument: Honeywell Int'l, Inc. v. [read post]
11 Apr 2023, 8:52 am by Arthur F. Coon
  Railroad Impact Mitigation Howard Terminal is bounded to the north by Union Pacific Railroad Company (UPRR) railroad tracks that uniquely run down the middle of an urban street (Embarcadero West) at grade, and those tracks are used by an average of 46 trains daily between 11 a.m. and 11 p.m. [read post]
22 Dec 2009, 8:57 pm
Claim Construction Microsoft's lynchpin claim term was "distinct. [read post]