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16 May 2022, 8:17 am by Michael Stern
And their chances would not improve much if the court did reach the merits, given that prior cases have repeatedly rejected their primary merits arguments—namely that the committee is invalidly constituted and lacks a legitimate legislative purpose. [read post]
11 Aug 2019, 10:17 am
Nat'l Football League, 874 F.3d 222, 227 (5th Cir. 2017) ("[W]here the contract provides grievance and arbitration procedures, those procedures must first be exhausted and courts must order resort to the private settlement mechanisms without dealing with the merits of the dispute. [read post]
19 Jun 2013, 7:16 pm by Lawrence B. Ebert
Ariad.Footnote 4 invokes Borden:Appellant’s Rebuttal Brief argues for the first time that claim 1 requiresfocus adjustments during image acquisition and that Douglass does notdisclose focus adjustments during image acquisition. [read post]
14 Dec 2016, 12:07 pm by Orin Kerr
First, I gather there is still a necessary judgment call to be made about when to second-guess our judgments of merit and when to double down on them. [read post]
7 Oct 2015, 4:48 am by Elizabeth Kruska
And, even if Mom had objected below, her objection would be without merit because the findings of fact applied to different legal questions, and taking notice of those facts would not necessarily dictate the outcome of the new legal issue. [read post]
2 Jul 2019, 12:49 pm
 First, the history of this matter is relevant to our determination of the propriety of sanctions. [read post]
8 Sep 2017, 1:10 pm by Peter Margulies
In its preliminary decision in July, the Supreme Court let the first component stand (as did the Ninth Circuit on Thursday). [read post]
12 Nov 2016, 1:53 pm by Andrew Delaney
So what might be considered “correct” in the context of a PCR is often—in my opinion—the very thing that led to a conviction in the first place. [read post]
7 Aug 2013, 4:42 am by Rick Pildes
First, government actors have a need for legal clarity, particularly in national-security areas where the legal questions are novel and the stakes of guessing wrong particularly high. [read post]
22 Apr 2014, 9:24 am by Florian Mueller
The Federal Patent Court of Germany had communicated to the parties a preliminary position on validity in advance of the May 7 hearing, and that preliminary ruling was negative with respect to the originally-granted claims as well as a first set of amended claims. [read post]
19 Nov 2012, 8:48 pm by Seyfarth Shaw LLP
 Although we first reported this significant drop in filings here, the Report confirms that the EEOC filed only 122 lawsuits in FY 2012, down from 261 merits lawsuits in FY 2011. [read post]
22 Feb 2007, 12:17 pm
  After determining that yes, the entry of a preliminary injunction on purely legal grounds is appealable, the First turns to the merits. [read post]
31 Mar 2011, 9:50 am by Kathryn Noble, Olswang
Can a professional or regulatory body suspend one of its members, when it had let him off at a first disciplinary hearing, but then found against him at a second? [read post]
28 Oct 2010, 9:19 am by Ronald V. Miller, Jr.
The certificate of merit's job is to serve as a barrier for claims that lack merit. [read post]
13 May 2008, 8:14 pm
  Claim Preclusion: Following a final judgment on the merits, claim preclusion binds parties from re-litigating the merits presented and also from raising “any other admissible matter which might have been offered” on the merits. [read post]
8 Dec 2015, 2:14 pm by Howard M. Wasserman
Jubelier, in which Kennedy suggested that a justiciable First Amendment case could lie if a state gerrymander had the purpose or effect of burdening a disfavored party and its voters. [read post]
17 Apr 2019, 6:01 am by James Yang
  By default, all nonprovisional patent applications are examined on a first come, first served basis. [read post]
25 Feb 2019, 10:28 am by Adam Feldman
The graph below shows the percentage of unanimous decisions of the court’s first 10 decisions for each term since 1946. [read post]