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11 May 2015, 10:38 am
If the patentee does so, the burden shifts back to the defendant to show by clear and convincing evidence that the earlier written description does not support the claim. [read post]
8 Jul 2020, 5:00 am
As such, that Defendant’s Motion to Dismiss was granted. [read post]
11 Dec 2021, 6:51 pm
Further, by setting up a mechanism for exemptions which are granted at Defendants’ discretion and without an opportunity for appeal, AO 2021-05 is not generally applicable....The Cleveland Municipal Court’s Administrative Order AO 2021-05 does not pass the test of strict scrutiny. [read post]
30 May 2023, 4:00 am
The court rejected defendant's reliance on RFRA, concluding that "s RFRA does not apply to lawsuits in which the government is not a party. [read post]
1 Aug 2017, 9:10 am
Additionally, if the Director does in fact possess standing; must the Director defend the Board’s decision? [read post]
22 Feb 2024, 12:00 am
In first-degree murder, the defendant must have an intent to kill. [read post]
1 Jun 2014, 7:26 am
Rule 560 of the Pennsylvania Rules of Criminal Procedure does not necessarily require the commonwealth to state a specific date or dates on which an offense occurred, but rather to state that an offense occurred “on or about” a date or range of dates. [read post]
1 Apr 2008, 7:20 am
In a world of Dred Scott, does one have a legitimate system of constitutional government? [read post]
1 Aug 2012, 5:23 am
Defendant fails in his burden of proof in showing that the good faith exception does not apply. [read post]
25 Aug 2011, 8:55 am
LEXIS 1130 (August 22, 2011).* The video of defendant’s driving, narrated as made by the officer, does not conclusively show anything one way or the other, so the court credited the officer, and that is sufficient for appeal. [read post]
19 Sep 2018, 1:45 am
Accordingly, we find that judicial notice of a local custom alone, does not rise to the level of extraordinary cause. [read post]
16 Feb 2022, 5:10 am
As such, the Hague Convention does not apply to the above facts. [read post]
20 Dec 2010, 4:07 am
The defendant was caught in a sudden snowstorm. [read post]
15 Sep 2011, 2:45 am
Co. v Shearson Lehman Hutton, 84 NY2d 309, 317-319) does not apply here. [read post]
24 Aug 2011, 1:48 am
Insured exclusion, on which the carriers also purport to rely to deny coverage, does not preclude coverage for the claim. [read post]
11 Jun 2010, 9:24 am
"Senator attacks pace to create defender office," is the title of Chris Moran's report in the Houston Chronicle.The state senator who authored the law allowing Texas counties to establish public defender offices said he is “embarrassed” Harris County still does not have one nine years later. [read post]
26 Sep 2017, 10:42 am
The bankruptcy of a negligent driver who caused injury to a husband and wife may prevent plaintiffs from actually seeking damages against the defendant, but it doesn’t absolve the defendant from liability, and nor does it shield the auto insurer from having to pay out. [read post]
31 Jan 2012, 1:16 pm
Did a defendant show disrespect when it told a court that it had "misinterpreted" the law, "incorrectly" reached a holding, and "was clearly wrong" in a prior opinion? [read post]
23 Feb 2022, 7:24 am
The post Does the Severity of the Injury Affect the Charges for Leaving the Scene in Denver? [read post]
11 Jun 2010, 6:45 am
The search of defendant’s car was valid as a search incident before Gant, but it was valid as an inventory. [read post]
