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31 Jan 2009, 2:59 am
View the article here01/31/2009By SCOTT JASONJesse Rodriguez can be labeled many ways: father, boyfriend, two-strike felon, ex-con, homeless, a 43-year-old. [read post]
29 Jan 2009, 12:40 pm
Diehr, 450 U.S. 175 (1981), the Federal Circuit's "useful, concrete, and tangible result" test from State Street Bank, the "transformation of physical subject matter" test discussed by the Board in Ex parte Lundgren, 76 U.S.P.Q.2d 1385, 2004 WL 3561262 (B.P.A.I. 2005), and the PTO's Interim Guidelines for Examination of Patent Applications for Patent Subject Matter Eligibility. [read post]
28 Jan 2009, 6:18 pm
It is almost as if the court forgot to analyze the Ex Post Facto Clause part of the defendant's claim. [read post]
27 Jan 2009, 7:34 am
Second, I noted yesterday that I wouldn’t have minded some clearer guidance on QDROs as part of the opinion, and on close review of the opinion I think we got some, although not explicitly. [read post]
26 Jan 2009, 4:00 pm
The Third Department noted that defense counsel had engaged in ex parte conversations with two subsequent treating physicians during the trial, but had not obtained plaintiff’s authorization through HIPAA. [read post]
26 Jan 2009, 12:41 pm
Along the way toward that ruling, the Court made these two rulings, both resolving conflicts that had built up in lower courts over spousal rights once divorce has occurred: first, the Court made clear that a former spouse can give up the right to benefits by agreeing to do so as part of a divorce decree; but, second, the ultimate question of whether the ex-spouse was entitled to the benefits is to be decided by the specific terms of… [read post]
24 Jan 2009, 6:34 am
But the reality is perhaps less clear. [read post]
23 Jan 2009, 10:20 am
" (2008 AA, pp. 5-6.)As to the underlying Judgment (apart from the much later post-judgment ex parte orders), this Court merely indicated that "the evidence [ ] be sifted and weighed in a statement of decision. [read post]
22 Jan 2009, 9:29 am
That, for the most part, is what has happened here. [read post]
16 Jan 2009, 1:29 pm
The Mendoza case was part of a broader judicial trend against online user agreements over the past decade. [read post]
16 Jan 2009, 11:08 am
But the government has the option of staying out of a “qui tam” case, as it did in the case of U.S. ex rel. [read post]
16 Jan 2009, 8:14 am
The answer is in Part II below. [read post]
16 Jan 2009, 8:13 am
Thus, s. 163.1 clearly allows investigators (armed with an ex parte court order) to ask questions. [read post]
16 Jan 2009, 4:07 am
The move helped
create methamphetamine shortages in many parts of
the country during 2007 and the first part of 2008. [read post]
8 Jan 2009, 6:45 am
Thirteen months later, Plaintiff's counsel filed an ex parte motion to vacate the judgment, which was allowed. [read post]
5 Jan 2009, 8:58 pm
As I have noted elsewhere, the Commerce Clause basis for SORNA is far from clear. [read post]
2 Jan 2009, 1:30 pm
(I say by analogy because I would forfeit part or all of the fee from the screened matter not the former client's matter.) [read post]
30 Dec 2008, 1:27 am
And by "Richard Cohen," I do not mean my ex-husband Richard Cohen. [read post]
29 Dec 2008, 9:01 am
That may all be well and good in cases like this where a clear fraud is being performed. [read post]
24 Dec 2008, 8:12 am
Says Turley: "Despite the effort to pretend that there is some ambiguity ... on these crimes, the law is quite clear. [read post]
