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9 Mar 2011, 7:49 am by Chris Laughton
The first instance conclusion that each case should be decided on its legal (rather than accounting) merits has been strongly reinforced by the Court of Appeal in BNY Corporate Trustee Services Ltd v Eurosail - UK 2007 - 3bl Plc & Ors [2011] EWCA Civ 227. [read post]
2 Oct 2024, 7:48 am by yhernandez@foley.com
The USPTO estimates that, for fiscal year 2022 alone, the USPTO expended more than US$15 million in “costs associated with examiners considering the merits of AFCP 2.0 submissions. [read post]
27 Sep 2007, 1:16 pm
"  But then the First says " The issue of the court's jurisdiction is before the court in a separate appeal. [read post]
14 Mar 2007, 7:14 am
  The law in the First circuit is that a party is a prevailing party "when actual relief on the merits of his claim materially alters the legal relationship between the parties by modifying the defendant's behavior in a way that directly benefits the plaintiff. [read post]
10 Jul 2013, 12:56 pm by Josh Douglas
Court of International Trade stated, "The first determination as to whether this argument has merit, or is merely argle-bargle, is a determination entrusted by Congress to the Department of Commerce, and the Court will refrain from considering it." [read post]
18 Jan 2020, 7:18 am by Cassandra Maas
Despite this, the Court has never expressed any definitive views on the merits of RFRA claims. [read post]
” Winmill said that the medical providers challenging the interpretation were likely to succeed on the merits, emphasizing that the state of Idaho only made jurisdictional arguments and did not provide any counter-arguments to First Amendment claims. [read post]
21 Jan 2020, 3:30 am by Roger M. Michalski
Cases with low or high probabilities of reversal represent “easy” cases that typically merit little attention and are good candidates for a first look by staff attorneys. [read post]
12 Jan 2011, 11:36 am by Hakemi
  The Chief Justice Finch, writing for the Court of Appeal described the summary trial judge’s reasoning, at paragraphs 15-20, as follows: The summary trial judge first considered the commencement of the limitation period. [read post]
3 Mar 2011, 2:32 pm by Eugene Volokh
I think such injunctions are generally unconstitutional prior restraints, unless they follow a trial on the merits in which the speech is found to be unprotected (e.g., libelous), and unless they are limited to speech that has been found to be unprotected. [read post]
31 May 2006, 6:06 am by Koz
First United Methodist Church (1994),68 Ohio St.3d 531, 629 N.E.2d 402, followed.) 2005-0851. [read post]
29 Feb 2012, 3:01 am by Andrew Lavoott Bluestone
  How does a $ 20 million legal malpractice  case get dismissed well before the merits are ever tested? [read post]
4 Jul 2008, 4:13 am
This blog is not to argue the merits of that, but rather to answer a question/comment that was written about one of those blogs. [read post]
4 Nov 2020, 4:00 am by Cameron Hutchison
Bent received the first report of the expert, and Dr. [read post]
4 Sep 2012, 3:00 am by Ted Folkman
First, it’s not clear that the US refusal to say whether it agreed or disagreed with Ecuador’s interpretation of Article II(7) means that there is a dispute about its interpretation. [read post]
16 Oct 2017, 9:09 am by Eugene Volokh
District court: We can’t reach the merits of two Philadelphia cops’ claims against the city because their lawyer failed to comply with a rudimentary procedural rule. [read post]
13 Apr 2009, 9:05 am
  In the Matter of the Adoption of  a Child Whose First Name is Sebastian, File No. 38-08. [read post]