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2 Jul 2021, 4:27 am by Peter Groves
As neither of the third parties had dealt with the Secretary of State, the claim could only succeed if the court said that the dealing requirement did not form part of the ratio of OBG or departed from that case (which, incidentally, was one of three cases dealt with together by the House of Lords, one of the others being better-known to IP lawyers: Douglas v Hello!). [read post]
15 Jun 2012, 8:23 am
  There was a great deal of discussion about an added matter objection to the first amendment. [read post]
27 Oct 2009, 1:15 pm
And, yes, there was a lot of talk about Prometheus Laboratories Inc. v. [read post]
8 Jan 2009, 8:06 am
Doing so, he said, violates the due process rights of parties that appear before the agencies. [read post]
26 Aug 2024, 6:39 am by Josh Blackman
It does not matter that a hunter accompanied by hounds was engaged in a lengthy, regal pursuit. [read post]
21 Mar 2012, 11:28 am by Rosalind English
The judges reluctantly followed the line taken in R (Corner House Research and another) v Director of the Serious Fraud Office. [read post]
4 Jan 2019, 4:00 am by Public Employment Law Press
" The Appellate Division said that it found that the penalty of dismissal imposed on DeStefano was "not so disproportionate to the offenses as to be shocking to one's sense of fairness," citing Matter of Pell v Board of Educ. of Union Free School Dist. [read post]
4 Jan 2019, 4:00 am by Public Employment Law Press
" The Appellate Division said that it found that the penalty of dismissal imposed on DeStefano was "not so disproportionate to the offenses as to be shocking to one's sense of fairness," citing Matter of Pell v Board of Educ. of Union Free School Dist. [read post]
27 Jun 2024, 11:52 am
              In a prior post, I have analyzed the justices’ treatment of the questions presented in the petition in Smith v. [read post]
12 Mar 2010, 3:41 am
Penalties imposed by appointing authorities after finding employees guilty of misconduct “did not shock the judicial conscience”Matter of Cianciulli v Village of Bronxville Bd. of Police Commissioners, 57 AD3d 661Matter of Lewis v Lipsman, 57 AD3d 670The Cianciulli case:The Village of Bronxville Board of Police Commissioners found Luigi Cianciulli guilty of charges of misconduct -- punching a fellow officer in the face, breaking his nose -- and terminated his… [read post]
21 Oct 2010, 3:08 pm by INFORRM
As Eady J said in X & Y v Persons Unknown[2006] EWHC 2783 (QB), [2007] EMLR 290 at para 72: “…the Spycatcher doctrine [Attorney-General v Newspaper Publishing Plc [1988] Ch 333 at 375, 380] would go on inhibiting third parties from publishing the relevant information notionally pending a trial which would never actually take place. [read post]
22 Sep 2009, 4:00 am
  "[W]e will vigorously pursue our charges against Bank of America and take steps to prove our case in court," the SEC said in a statement. [read post]
26 Mar 2009, 6:42 am
Last night, the Supreme Court of Delaware handed down its much anticipated decision in Lyondell Chemical Company v. [read post]
6 Oct 2021, 7:30 am by Public Employment Law Press
"The Circuit Court said that public officials performing discretionary functions are entitled to qualified immunity barring §1983 claims unless such officials “violated a statutory or constitutional right” and that right “was ‘clearly established’ at the time of the challenged conduct, citing Ricciuti v. [read post]
30 Jul 2014, 4:00 am by The Public Employment Law Press
The Appellate Division affirmed the Supreme Court rulings, with costs.The Appellate Division said that the Municipality had established its entitlement to judgment as a matter of law with respect to dismissing Plaintiff’s cause of action alleging breach of contract. [read post]