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22 May 2022, 9:01 pm
In its decision of March 22, 2022, the Appellate Division, First Department in Gorman v. [read post]
27 Feb 2017, 8:51 am
The would-be Supreme Court Justices were not judging the merits of the case, instead we judged the teams based on the quality and organization of their oral arguments. [read post]
22 Aug 2011, 6:50 am
In their appeal, the two are also seeking a review of the underlying merits of their motions to dismiss. [read post]
12 Nov 2009, 5:00 am
In a previous post this blog covered the First Circuit's decision in SEC v. [read post]
16 Oct 2020, 1:51 pm
The court first addressed the Defendants’ claims regarding abstention, finding that they were able to hear these cases. [read post]
10 Dec 2007, 8:11 am
According to Judge Bye, a preliminary injunction does not require the plaintiff to show that she is more likely than not to win on the merits, but rather "whether [she] has a substantial likelihood of prevailing on the merits of her claim. [read post]
15 Jan 2021, 12:05 pm
Again, the term is a misnomer as the first step was not technically a certification order at all. [read post]
25 Nov 2014, 8:49 pm
With support from 27 U.S. law professors, Samsung is trying to get the $929 million damages amount in that first case reduced. [read post]
3 Sep 2013, 6:01 am
And when all is said and done, the most likely outcome (by far and away) is not going to be that Motorola collects infringement damages from Apple: instead, Apple will (if it prevails on the merits) be able to collect damages from Google's Motorola for enforcement of an injunction that shouldn't have been granted in the first place. [read post]
16 Mar 2019, 4:32 am
First, the regulator is not an alchemist. [read post]
1 Dec 2017, 4:00 am
The question is the merits of the claim, politics be damned. [read post]
18 Mar 2013, 10:00 am
First, what is the purpose of discovery? [read post]
29 Mar 2016, 1:51 pm
At first blush, the Jordan plaintiffs might have had something to say about the first requirement because they were not personally involved in Starr, even though the defendant was the same. [read post]
29 Oct 2018, 8:14 am
(Indeed, it was the defense’s idea to bifurcate the merits such that the parties would first fully litigate the legal issues, and only later take up the evidentiary dispute.) [read post]
30 Dec 2013, 5:01 pm
In particular, it is not clear whether page 3 of D2 actually belongs to D2 itself as there is no direct link between said page 3 and the first two pages (cover and programme of the seminar). [read post]
6 Jan 2024, 6:08 am
Move on to the merits. [read post]
5 Mar 2013, 5:31 am
By way of background, Andrews was the third in a succession of class action racial discrimination lawsuits, the first of which was resolved through a consent decree, and the district court denied certification in the second. [read post]
29 Jun 2015, 3:52 am
Given Arborjet’s substantial likelihood of success on the merits of the contract claim, it had less of a burden to show irreparable harm under the First Circuit’s sliding scale. [read post]
21 Jun 2013, 11:26 am
It first reviewed Supreme Court precedent. [read post]
23 Jul 2018, 12:05 pm
Merits briefing should be complete in October with oral arguments likely held in November 2018. [read post]
