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10 Jun 2024, 11:28 am
Reasoning In relation to Ioengine’s introduction of a new claim construction on appeal, the Federal Circuit noted that they “retain case-by-case discretion whether to apply waiver” but they have routinely “held that a party waives an argument that it failed to present to the [PTAB] because it deprives the court of the benefit of the [PTAB’s] informed judgment. [read post]
10 Jun 2024, 11:16 am
Mackey was a decision of the New York Court of Appeals, which is New York’s highest court. [read post]
10 Jun 2024, 10:00 am
From reviewing claim denials to preparing appeals and representing clients in court, an attorney plays a critical role in advocating for the rights of individuals facing adverse benefit determinations. [read post]
10 Jun 2024, 9:52 am
When the trial court denied the motion to suppress, the defendant appealed. [read post]
10 Jun 2024, 8:37 am
(My prior posts on the Court of Appeal’s decision and the Supreme Court’s grant of review in this case can be found here (3/3/23 post) and here (5/21/23 post).) [read post]
10 Jun 2024, 8:34 am
In a unanimous decision, the United States Court of Appeals for the Fifth Circuit vacated the SEC’s “Private Fund Advisers Rule. [read post]
10 Jun 2024, 7:48 am
” Whether the case will be appealed to the Supreme Court, and whether and how other courts will apply this deference to educators in different circumstances remains to be seen. [read post]
10 Jun 2024, 6:09 am
The Fifth Circuit Court of Appeals agreed, holding that the CFPB’s funding mechanism violates the Appropriations Clause. [read post]
10 Jun 2024, 6:00 am
Turning to the arguments remaining before us, "[t]he scope of this Court's review of a condemnor's EDPL 204 determination is limited to whether (1) the proceeding was constitutionally sound; (2) the condemnor* had the requisite authority; (3) its determination complied with SEQRA and EDPL article 2; and (4) the acquisition will serve a public use" (Matter of Hudson Val. [read post]
10 Jun 2024, 6:00 am
Turning to the arguments remaining before us, "[t]he scope of this Court's review of a condemnor's EDPL 204 determination is limited to whether (1) the proceeding was constitutionally sound; (2) the condemnor* had the requisite authority; (3) its determination complied with SEQRA and EDPL article 2; and (4) the acquisition will serve a public use" (Matter of Hudson Val. [read post]
10 Jun 2024, 5:00 am
Judge orders video game developer to freeze accounts belonging to Ontario's so-called 'Crypto King'Quebec court alarmed public by improperly using term 'secret trial,' Supreme Court rulesTessa Virtue and Morgan Rielly were ordered to stop painting their Toronto home. [read post]
10 Jun 2024, 5:00 am
And when the Nassau County Supreme Court denied the defendants’ motion to dismiss the litigation -- on the grounds that JB hadn’t suffered a “serious injury” as contemplated by the state’s Insurance Law -- an appeal ensued.On its review, the Appellate Division, Second Department, noted that the County and its co-defendants didn’t meet their burden of proof in this instance. [read post]
10 Jun 2024, 4:00 am
… All About InformationAlberta Court of Appeal Addresses Privilege in Post-Incident Reports On April 26th, the Court of Appeal of Alberta affirmed a lower court decision that privilege in two post-incident investigation reports had been waived, also opining on the law governing whether the reports were subject to litigation privilege. [read post]
10 Jun 2024, 3:45 am
This appeal by plaintiffs ensued. [read post]
10 Jun 2024, 3:06 am
In a recent case before the Arizona Court of Appeals, Division One, the court found that the defendant did not prove he acted in self-defense during a violent altercation. [read post]
10 Jun 2024, 3:04 am
In a recent case before the Arizona Court of Appeals, Division Two, a defendant appealed his conviction for driving under the influence. [read post]
10 Jun 2024, 3:00 am
Bolinas residents sent more than 2,500 “art” letters with personalized appeals asking U.S. [read post]
10 Jun 2024, 12:55 am
United States In a recent ruling, Judge Kevin Newsom of the 11th Circuit Court of Appeals discussed the potential use of AI-powered large language models (LLMs) in legal text interpretation. [read post]
10 Jun 2024, 12:43 am
§ 112(a))Enablement was considered by the US Supreme Court in Amgen v Sanofi, with respect to an antibody genus claim. [read post]
10 Jun 2024, 12:04 am
IPKat readers are entitled to a 15% discount in the registration fee using VIP code IPKAT_SM at checkout. [read post]
