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30 Jun 2014, 4:20 pm
” The Ultramercial case is the first big test for the Supreme Court’s landmark ruling in Alice v. [read post]
10 Dec 2015, 5:00 am
The Phipps petition is from the first court of appeals decision ever to allow stacking as a general rule. [read post]
6 Mar 2013, 7:17 am
I guess I’d argue that too were I Chevron, but this fight will ultimately be won or lost at the Altar of the First Amendment. [read post]
6 May 2020, 3:47 pm
Judge Torres first holds that plaintiffs will suffer irreparable harm without an immediate court order, as the loss of constitutional rights in the elections context (such as the right to vote for the candidate of your choice) is always irreparable.Judge Torres also says plaintiffs are likely to win the case on the merits. [read post]
12 Sep 2013, 3:30 pm
It is not the purpose of such a hearing to reach a final adjudication of the question on the merits, as is contemplated by an injunction proceeding brought pursuant to the Code of Criminal Procedure. [read post]
8 Feb 2015, 4:43 pm
The articles were titled, Weaver’s Web: Is it unreasonable to suggest his charge of theft against the fossil fuel industry is totally without merit? [read post]
10 Feb 2017, 8:49 am
The court also declined to entertain related control person liability claims, never reached other CEA merits claims, and dismissed a state law unjust enrichment claim (Choi v. [read post]
15 Jan 2013, 3:00 pm
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit. [read post]
4 Jun 2022, 6:47 am
A jury has made its decision on the merits of the case. [read post]
14 Mar 2016, 4:00 am
Ms/ Garcia's proposed disability discrimination claims under the Americans with Disabilities Act (ADA) were similarly without merit as ADAclaims "are governed by the same legal standards" as disability discrimination claims under the HRL.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2016/2016_01271.htm [read post]
15 Jan 2013, 7:22 am
In evaluating for the first time a claim of miscarriage of justice based on insufficiency, the Court looked to the plain error context for guidance. [read post]
2 Aug 2021, 4:52 pm
Lacks: Today, these incredible cells— nicknamed "HeLa" cells, from the first two letters of her first and last names — are used to study the effects of toxins, drugs, hormones and viruses on the growth of cancer cells without experimenting on humans. [read post]
13 Jan 2016, 4:49 am
This is the first decision by an OSHA Administrative Law Judge expressly finding that the U.S. [read post]
26 Feb 2014, 6:34 am
Don't blame a lawyer for questioning your case - convince them it has the necessary merit. [read post]
13 Jan 2016, 8:44 am
It was the first time in 40 years that Congress had moved to restrain recurring—and ongoing—domestic abuses by our nation’s intelligence agencies. [read post]
1 Aug 2013, 3:21 pm
The defendant's remaining contentions are either unpreserved for appellate review or without merit. [read post]
2 May 2019, 9:03 am
However, the very first of the American Bar Association's 10 principles on indigent defense declares that the appointment, payment, etc. of defense counsel should occur independently of the judiciary. [read post]
10 Jun 2013, 4:27 am
The general idea was to slow the flood of petitions lacking any real merit that were clogging the federal court system. [read post]
9 Aug 2017, 8:00 am
The Court decided all of these cases on procedural grounds rather than on the merits. [read post]
22 May 2015, 3:43 am
The Board found that the earlier judgment was final and on the merits, that the petitioners in the two cases were in privity, and that the new petition for cancellation was based on the same set of transactional facts as the first petition (asserting that Chen had committed fraud or had abandoned her mark (shown below)). [read post]
