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8 Aug 2024, 6:00 am by Public Employment Law Press
"More fundamentally, preclusive effect is limited to only those 'issues that were actually litigated, squarely addressed and specifically decided' " (Church v New York State Thruway Auth., 16 AD3d 808, 810 [3d Dept 2005], quoting Ross v Medical Liab. [read post]
8 Aug 2024, 6:00 am by Public Employment Law Press
"More fundamentally, preclusive effect is limited to only those 'issues that were actually litigated, squarely addressed and specifically decided' " (Church v New York State Thruway Auth., 16 AD3d 808, 810 [3d Dept 2005], quoting Ross v Medical Liab. [read post]
9 Feb 2024, 4:54 am by Andrew Lavoott Bluestone
The doctrine applies “where the issue in the second action is identical to an issue which was raised, necessarily decided and material in the first action, and the party who is being estopped had a full and fair opportunity to litigate the issue in the earlier action” (Simmons v Trans Express Inc., 37 NY3d 107, 112 [2021] [internal quotation marks and citation omitted]; see Matter of Molnar v JRL S. [read post]
21 Mar 2022, 4:05 am
 That change is visible within the apex organs of the contemporary state system ((Text of A/ES-11/L.1; UN General Assembly Resolution -- "Aggression against Ukraine"; UKRAINE v. [read post]
That month, the Court of Justice of the European Union (CJEU) invalidated Safe Harbor as a data transfer mechanism in the case Schrems v. [read post]
28 May 2021, 2:20 pm by Mitchell Jagodinski
Tran 20-1541 [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to SCOTUSblog in various capacities, is counsel to the respondents in this case. [read post]
28 May 2021, 2:20 pm by Mitchell Jagodinski
Tran 20-1541 [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to SCOTUSblog in various capacities, is counsel to the respondents in this case. [read post]
5 Jan 2015, 5:08 am
******************************PREVIOUSLY, ON NEVER TOO LATE Never too late 26 [week ending Sunday 28 December] -- Arnold J on Ice cream van design in Whitby Specialist Vehicles v Yorkshire Specialist Vehicles | Adios to positive right of TM in Spain | Costs of Vestergaard Fransen v Bestnet Europe | Irish PTO on slogan TMs | Merpel summarises what’s going on with EPO | CoA for England and Wales on patent infringement by numbers… [read post]
10 Feb 2015, 4:33 pm by Jeremy Malcolm
They could all disappear from their countries' public domain for the next 20 years, if the current agreement on copyright term extension in the Trans-Pacific Partnership (TPP) holds. [read post]
25 Oct 2021, 4:00 am by Michael C. Dorf
By comparing and contrasting United States v. [read post]