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27 Feb 2018, 4:24 am by Dennis Crouch
  Lundgren argues on appeal that this calculation is incredibly off-the-mark since the discs were (at the time) given away for free by the companies. 17-12466_Documents WaPo article Mark Rifkin and Randall Newman of Wolf Haldenstein (NY) are lead attorneys on the case. [read post]
23 Feb 2018, 5:37 am by Second Circuit Civil Rights Blog
For this reason, CU argues, the New York regulations must be reviewed under "strict scrutiny," which is the kiss of death in the world of constitutional law.The Court of Appeals (Pooler, Leval and Newman) sides with New York. [read post]
14 Feb 2018, 2:57 pm by Kevin LaCroix
Kokesh appealed the decision, and the Court of Appeals for the Tenth Circuit affirmed. [read post]
12 Feb 2018, 6:04 am by Second Circuit Civil Rights Blog
But the Court of Appeals (Newman and Lohier, with Jacobs in dissent) says the channel is a state actor for First Amendment purposes, and therefore may be sued.The majority parses a lengthy Supreme Court ruling, Denver Areas Educ. [read post]
9 Feb 2018, 7:54 am by Dennis Crouch
Cir. 2006) (Newman, J., dissenting) (listing “a molded plastic” as an example of a process limitation that connotes structure). [read post]
24 Jan 2018, 7:55 am by Dennis Crouch
On appeal though, the Federal Circuit sided with the PTO — giving effect to 37 C.F.R. [read post]
8 Jan 2018, 11:00 am by Gene Quinn
Today, the Federal Circuit reversed Achates, and ruled that time-bar determinations under § 315(b) are appealable. [read post]
8 Jan 2018, 11:00 am by Gene Quinn
Today, the Federal Circuit reversed Achates, and ruled that time-bar determinations under § 315(b) are appealable. [read post]
18 Dec 2017, 5:53 am by Second Circuit Civil Rights Blog
The Court of Appeals does not get into the facts other than to say plaintiff's employment contract said that any dispute "arising out of the contract" must be arbitrated. [read post]
27 Oct 2017, 2:16 am by CFM Admin
Below is our quarterly update that has distributed clients and friends. [read post]
24 Oct 2017, 6:12 am by Second Circuit Civil Rights Blog
Plaintiff's petition to appeal to the Court of Appeals was filed outside the 10-day deadline. [read post]
19 Oct 2017, 5:10 am
The sentiment of Judge Moore’s contingent (Moore, O’Malley & Newman) might impact the deference given to factors promulgated by Board decision (assuming the issue ever makes it beyond the appeal bar of 35 U.S.C. [read post]
19 Oct 2017, 4:20 am by Andrew Lavoott Bluestone
Having had a full and adequate opportvnity to litigate the issue, Gourary may not now attempt to relitigate an issue “which [was] raised and determined against [him] or which could have been raised on a prior appeal. [read post]