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5 Oct 2023, 4:38 am
The habendam clause was a special limitation, the failure which does not result in forfeiture. [read post]
5 Oct 2023, 3:27 am
But it does make the client happy for all the wrong reasons. [read post]
4 Oct 2023, 10:00 pm
Engler, a 2001 decision by the Sixth Circuit Court of Appeals. [read post]
4 Oct 2023, 9:06 pm
Circuit Court, however, has allowed the appeal to go forward on two questions. [read post]
4 Oct 2023, 1:35 pm
He argued that she does not. [read post]
4 Oct 2023, 12:46 pm
What does the law say? [read post]
4 Oct 2023, 9:34 am
Failure to meet the new requirements in provisional refusals If a national trade mark office does not indicate the start and end dates or does not comply with the minimum time limit to react to a provisional refusal, WIPO will not accept the provisional refusal and inform both the national trade mark office and the IR holder of this fact (‘defective notice’, Rule 18(1)(d) Regulations). [read post]
4 Oct 2023, 8:52 am
Court of Appeals for the D.C. [read post]
4 Oct 2023, 8:00 am
Trump Revocable Trust, The Trump Organization, Inc., Trump Organization LLC, DJT Holdings LLC, DJT Holdings Managing Member, Trump Endeavor 12 LLC, 401 North Wabash Venture LLC, Trump Old Post Office LLC, 40 Wall Street LLC, and Seven Springs LLC appeal to First department of decision and order denying motion to dismiss (Feb. 3, 2023) Decision and order denying motion to dismiss complaint by (i) The Donald J. [read post]
4 Oct 2023, 7:54 am
On remand, my friend Ilan Wurman, law professor at Arizona State, pushed the Appointments Clause argument (among others), but his arguments were rejected by District Judge James Wesley Hendrix; this appeal follows. [read post]
4 Oct 2023, 7:40 am
.: 2022-EX-000024 General SPGJ final report (complete publication) (Sept 8, 2023) Order directing the complete publication of the SPGJ final report on Sept. 8, 2023 (Aug. 28, 2023) SPGJ final report (partial publication) (Feb. 16, 2023) Order directing partial release of SPGJ final report (Feb. 13, 2023) Court order dissolving the SPGJ and setting hearing on question of publication for Jan. 24, 2023 (Jan. 9, 2023) DA Willis letters to Georgia officials, including Governor Brian Kemp,… [read post]
4 Oct 2023, 7:29 am
.: 1:23-cv-03773 (civil removal proceedings) Trump notice of appeal to 2nd Circuit Court of Appeals (July 28, 2023) Order and opinion denying Trump motion to remove and granting State of New York motion to remand (July 19, 2023) Order regulating removal evidentiary hearing (June 23, 2023) State of New York memorandum of law in support of its reply in support of its motion to remand (June 23, 2023) Joint letter in agreement on procedures and evidence at removal evidentiary hearing… [read post]
4 Oct 2023, 6:30 am
Structural issues compound the problem; the Court’s willingness to extend judicial review to nearly any question of law and hear appeals from ‘any court or tribunal’ in the country, has resulted in tremendous backlog and delays (currently, the Indian Supreme Court has 80,344 cases pending). 34 judges sit in simultaneous benches of two and three to hear these cases, with larger bench opinions binding smaller ones; in practice, larger benches are rarely constituted, leaving… [read post]
4 Oct 2023, 6:22 am
The matters are now reaching the appeal courts. [read post]
4 Oct 2023, 4:00 am
The appeals court said in part:The Legislature has made a strong showing that EMTALA does not preempt section 622. [read post]
4 Oct 2023, 4:00 am
How does a Court assess a class action claim against a high-tech giant where the evidence is that the plaintiff reaffirmed the conditions of use numerous times in making her transactions in the world following the Supreme Court of Canada’s seminal case in Uber Technologies Inc. v. [read post]
4 Oct 2023, 3:30 am
But, the Seventh Circuit Court of Appeals wasn’t so sure, concluding that “the answer is ‘maybe’ and that the case should not have been resolved on summary judgment. [read post]
3 Oct 2023, 5:25 pm
The double jeopardy clause bars appeal and retrial by the prosecutor. [read post]
3 Oct 2023, 4:05 pm
Tip #3 BALCA Appeals If your request for reconsideration is unsuccessful, you may wish to file an appeal with the Board of Alien Labor Certification (BALCA). [read post]
3 Oct 2023, 2:36 pm
Court of Appeals for the 1st Circuit reversed and reinstated Laufer’s lawsuit. [read post]
