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28 May 2014, 5:00 am
First, it applied to actions not only against the corporation but also actions where one member sued another. [read post]
9 Sep 2021, 9:42 pm
The first two steps are what the Court did in the capital case just granted.3. [read post]
23 Mar 2017, 4:03 pm
Here, passage of the Michael Morton Act placed the issue in stark relief at cities which opted into the state civil service code (~70), an issue first raised publicly by Court of Criminal Appeals Judge Barbara Hervey. [read post]
21 Aug 2017, 7:59 am
The first theory was that Tyson’s use of the name “Park’s Finest” was false, or at least misleading, because it conveyed to consumers that Tyson was selling Parks’s finest product. [read post]
7 May 2014, 12:28 pm
First, ClearPlay's counsel conceded during oral argument that collateral estoppel would not apply in a related case. [read post]
6 Mar 2015, 10:14 am
At this point, the court would deny leave to amend on timeliness grounds, regardless of the merits, but the court addressed the claims on the merits for the sake of completeness. [read post]
27 Dec 2018, 7:24 am
Yet only a single one of those cases involved a final decision on the merits. [read post]
28 Sep 2020, 12:08 pm
The first and longest part--during which the court discussed with counsel for both parties the likelihood of success on the merits--was particularly key. [read post]
30 Oct 2017, 4:00 am
" In the words of the Commissioner, "[e]ach charge identified the date when the alleged conduct occurred and a specific description of the objectionable conduct.Finding that Member's claims were "without merit," the Commissioner dismissed Member's appeal.* Education Law §1709(18) authorizes the members of a Board "To remove any member of their board for official misconduct. [read post]
30 Jan 2023, 1:26 pm
First of all, they're almost certain to lose on remand. [read post]
16 Feb 2014, 2:01 pm
I saw some people criticize the Hopper sale, but only on its own merits (just as one could criticize the Randolph sale on its own merits). [read post]
30 Mar 2016, 4:13 pm
The court found that Garfum’s patent suit lacked merit and was litigated unreasonably. [read post]
19 Oct 2020, 5:59 am
First, the patentee could have prevented the invalidation of claim 1 (and the claims dependent on claim 1) by a declaration that it would not assert claim 1 against the other party. [read post]
1 Feb 2013, 9:06 am
Although we first reported this significant drop in filings here, the EEOC’s Performance and Accountability Report confirms that the EEOC filed only 122 lawsuits in FY 2012, down from 261 merits lawsuits in FY 2011. [read post]
7 Aug 2013, 6:44 pm
Other scholars have proposed bounties for those who successfully invalidate patents, but Ford is (to my knowledge) the first to suggest that the reward be paid by industry competitors. [read post]
28 Oct 2013, 11:51 am
In light of the record in this case, the Third Circuit declined to examine the merits of Patel’s preliminary injunction motion. [read post]
7 Jul 2013, 8:00 pm
The arbitration hearing dealing with the merits of the union’s grievance began the first week in January and is continuing. [read post]
31 Dec 2013, 3:29 pm
In conclusion on the issue, the Court of Appeals cited a litany of cases standing for the proposition that cases should be decided on their merits rather than technicalities. [read post]
25 Jan 2016, 8:20 am
Nashiri’s Reply Brief responds that the two attempts by the prosecution to prevent review on the merits – first, by arguing that his petition does not sound in habeas and second, for the application of Councilman abstention – “ask this Court to accomplish through judicial construction, what the Supreme Court held to be unconstitutional in Boumediene v. [read post]
10 Jan 2010, 7:49 pm
The Circuit Court first addressed Stewart Title’s claim that plaintiffs lacked standing to prosecute the class action’s RESPA claim, and explained that the challenge was more accurately denominated an attack on the merits of the claim rather than an issue of standing. [read post]
