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3 Mar 2021, 6:24 pm
Similar to its federal counterpart, Iowa Rule of Evidence 5.403 states that Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or... [read post]
3 Mar 2021, 9:40 am
While we turn to private companies and citizens to provide technology solutions, we must see if there is a way to strengthen our judicial system and our administrative tribunals. [read post]
3 Mar 2021, 8:45 am
Instead, the Court may well affirm the Federal Circuit's holding that the appointment of administrative patent judges to the Patent Trial and Appeal Board violated the Appointments Clause. [read post]
3 Mar 2021, 6:16 am
” In the last days of the Trump administration HUD promulgated a new regulation concerning disparate impact claims under the Fair Housing Act whose intent was very clearly to make such claims difficult even to plead, let alone prove. [read post]
2 Mar 2021, 9:05 pm
That’s the same trial court that sentenced the Parnell brothers in 2015. [read post]
2 Mar 2021, 9:01 pm
A complex advanced society cannot be governed without administrative agencies. [read post]
2 Mar 2021, 3:43 pm
Court Action In May 2020, Colorado filed this federal lawsuit claiming that the Agencies violated the Administrative Procedures Act in enacting the NWPR because the rule (1) is not in accordance with law, (2) is arbitrary and capricious, and (3) suffers from procedural flaws. [read post]
2 Mar 2021, 10:36 am
At the trial, the jury determined the defendants were 50% at fault and the decedent was 50% at fault. [read post]
2 Mar 2021, 9:40 am
After trial, the jury found that Fossil had acted “in callous disregard” of Romag’s intellectual property rights.3 However, because the district court also found that Fossil had not acted willfully, the district court refused Romag’s request for a profits award. [read post]
2 Mar 2021, 9:15 am
Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB). [read post]
2 Mar 2021, 9:15 am
Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB). [read post]
2 Mar 2021, 6:54 am
Beyond the ICO, the draft decisions state that the domestic courts of the UK have oversight of data protection matters, and that there are mechanisms for EU data subjects to obtain redress either from the ICO or these courts. [read post]
2 Mar 2021, 4:00 am
The Lawyer’s Role A lawyer’s professional obligations are to the administration of justice, the public interest, and to her client. [read post]
1 Mar 2021, 6:27 pm
Court Explores Potential Outcomes in Arthrex As I have discussed previously, Arthrex is more of an academic exercise for constitutional and administrative law nerds scholars than anything else. [read post]
SCOTUS Dubs PTAB/APJ Structure a ‘Rare Bird’, Pushes for Workable Remedies in Arthrex Oral Arguments
1 Mar 2021, 12:17 pm
Arthrex, in which the Court will decide whether the administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) are “principal” or “inferior” officers of the United States, and—if they are principal officers—whether the Federal Circuit’s 2019 fix was sufficient to cure any Appointments Clause defect. [read post]
SCOTUS Dubs PTAB/APJ Structure a ‘Rare Bird’, Pushes for Workable Remedies in Arthrex Oral Arguments
1 Mar 2021, 12:17 pm
Arthrex, in which the Court will decide whether the administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) are “principal” or “inferior” officers of the United States, and—if they are principal officers—whether the Federal Circuit’s 2019 fix was sufficient to cure any Appointments Clause defect. [read post]
1 Mar 2021, 5:30 am
The Administrative Court of Appeals determined that Stig Engström, who was divorced at the time of his death, does not have any living relatives or friends that qualify as närstående. [read post]
28 Feb 2021, 6:33 pm
On Monday, March 1, 2021, the Supreme Court will hear oral arguments in this important case focusing on administrative power of the USPTO Patent Trial & Appeal Board. [read post]
28 Feb 2021, 12:47 pm
The panel was remarkable for including a state court judge from Texas, Judge Barbara Parker Hervey, of the Texas Court of Criminal Appeals. [read post]
28 Feb 2021, 8:08 am
Today’s statutes allow wrongful death claims to be filed by the family and deceased executors or administrators. [read post]
