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21 Feb 2017, 4:00 am
However incontestable the proposition may seem at first blush, it belies the merit in diversity, and assumes that judges are solitary, neutral ciphers. [read post]
27 Oct 2011, 1:11 pm
In an apparent case of first impression, Judge Terrence R. [read post]
3 Jul 2021, 10:26 am
Thus, he held that the plaintiffs are likely to prevail on the merits of their claim and if they are not granted a preliminary injunction, will face irreparable injury to their First Amendment rights. [read post]
29 Apr 2010, 8:06 pm
And it brushed aside the accused infringer's argument that the First Amendment's protection for anonymous speech somehow gave him or her a license to infringe:[T]o the extent that anonymity is used to mask copyright infringement or to facilitate infringement by other persons, it is unprotected by the First Amendment.Second Circuit Opinion in Arista Records LLC v. [read post]
4 Apr 2024, 9:06 am
., Content Editor, First Reference Inc. [read post]
22 Jan 2013, 10:31 am
” Well, from our point of view, “avoiding” the merits is the right thing for a judge to do when “mere technicalities” actually preclude a court’s legal authority to decide the merits. [read post]
6 Jan 2010, 3:17 pm
While a long-standing federal law prohibits any federal employment decisions that are not based on merit and another law prohibits sex discrimination, the new EEO policy marks the first time that gender identity discrimination has been explicitly banned from the federal workplace. [read post]
18 Jun 2010, 8:25 am
Mehta There is a common feeling amongst trial lawyers that the first moments of a trial are often the most important. [read post]
24 Jul 2019, 8:00 pm
First, one court–the U.S. [read post]
8 May 2012, 10:17 pm
ELEMENTS OF RES JUDICATA UNDER TEXAS LAW For res judicata to apply under Texas state law, the following elements must be present: (1) a prior final judgment on the merits by a court of competent jurisdiction; (2) the same parties or those in privity with them; and (3) a second action based on the same claims as were raised or could have been raised in the first action. [read post]
23 Jun 2014, 9:22 am
” Well, from our point of view, “avoiding” the merits is the right thing for a judge to do when “mere technicalities” actually preclude a court’s legal authority to decide the merits. [read post]
20 Aug 2010, 6:31 am
[T]he criminal division may evaluate the merits of a PTI application when it is first submitted, or may withhold evaluation of an application until the prosecutor has considered it.... [read post]
5 Jun 2007, 10:25 am
Unless something remarkable happens in the next few weeks, however, the Court's number of merits decisions after argument will dip below 70 for the first time in its modern history. [read post]
12 Feb 2009, 10:15 am
" By way of reference to the text she cites to page 33 where the authors discuss the second element of appreciation, i.e. finding merit in what the other person thinks, feels, or does.There are barriers to finding merit, and one of the examples Fisher and Shapiro give has to do with constituents. [read post]
30 Jan 2014, 4:27 pm
Many thanks to my lovely insurance-lawyer wife, who among her many other merits has sensitized me to the basic principle of civil litigation: The first thing you should do is think about insurance. [read post]
25 May 2020, 4:32 am
After resolving the issue of standing, which in and of itself justified dismissal, the court turned to the merits of the ADA claims. [read post]
7 Feb 2024, 10:32 am
The first seven essays can be found here, here, here, here, here, here and here.] [read post]
17 Jul 2024, 4:54 pm
In at least two cases, however, courts have issued merits rulings. [read post]
15 Apr 2012, 2:15 pm
The first is where the plaintiff’s underlying legal theory is a novel one. [read post]
30 Mar 2013, 1:34 am
Also, the first jury clearly misapplied the law with respect to the Galaxy Prevail (I agreed with Samsung on this one already in September). [read post]
