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23 Feb 2016, 12:21 pm by Roy M. Doppelt
In a recent divorce case, the court was asked to interpret and apply Section 3104 (a), which provides in part that a grandparent of a minor child may petition a court for reasonable visitation rights. [read post]
22 Feb 2016, 10:31 am by Dennis Crouch
Cir. 1988) (“[t]hat which may be made clear and thus ‘obvious’ to a court, with the invention fully diagrammed and aided . . . by experts in the field, may have been a break-through of substantial dimension when first unveiled. [read post]
21 Feb 2016, 10:53 am
  (The order was sought ex-parte, without Apple’s participation.) [read post]
20 Feb 2016, 11:16 am by Georgialee Lang
They are simply part of a burgeoning group of North American families who live beyond their means. [read post]
19 Feb 2016, 2:50 pm by Rebecca Tushnet
 RT: [Of course if the other papers are right that names are often part of product features, that gets harder.] [read post]
19 Feb 2016, 11:57 am
  For purposes of this cheat sheet, that means, that unless otherwise indicated, readers may assume these basic facts:  that the defendant is a corporation asserting lack of general jurisdiction based on Bauman, and that the defendant was neither incorporated nor with a principal place of business in the state in question. [read post]
19 Feb 2016, 6:00 am by Doug Cornelius
While admissions may satisfy a craving for retribution, the reason such a requirement will change the behavior of a large corporate entity is unclear. [read post]
18 Feb 2016, 11:01 am by Orin Kerr
All that has happened so far is that the government obtained a search warrant and then sought and obtained a separate ex parte order — that is, an order after the court heard only from one side — requiring Apple’s assistance. [read post]
18 Feb 2016, 7:32 am by Doug Cornelius
Blodget neither admitted nor denied wrongdoing as part of the settlement.) [read post]
17 Feb 2016, 8:16 am by Matthew L.M. Fletcher
Navajo Nation II, where the Court again rejected a trust breach claim by the tribe arising from the Peaboady Coal-Interior Secretary Hodel ex parte communication. [read post]
16 Feb 2016, 10:26 am by Chris McLaughlin
  And definitely do not use social media to contact a judge during a pending proceeding for fear of violating the ban on ex parte communications. [read post]
16 Feb 2016, 10:26 am by Chris McLaughlin
  And definitely do not use social media to contact a judge during a pending proceeding for fear of violating the ban on ex parte communications. [read post]
16 Feb 2016, 7:01 am by Thomas G. Heintzman
The reasoning of those cases is that the parties to the bond or subcontract intend the “working” or project parts of the main contract to be part of the bond or subcontract, but not the dispute resolution part unless it is expressly adopted. [read post]
16 Feb 2016, 6:54 am by NBlack
The Committee concluded that doing so was impermissible: “Without express authorization from the court, any form of communication with a prospective or sitting juror during the course of a legal proceeding would be an improper ex parte communication, whether a lawyer or someone else acting on the lawyer’s behalf initiates the communication. [read post]
16 Feb 2016, 6:29 am by Eugene Volokh
[Alan] had shared custody of his children with his ex-wife in California, which prevented him from relocating to New Jersey. [read post]
15 Feb 2016, 6:00 am by Steve Baird
It is invoked on an ex parte basis by USPTO Examining Attorneys, and it is also raised in the context of inter partes cases between adversaries. [read post]
14 Feb 2016, 5:18 pm by Kelly Phillips Erb
Here’s the easy part: old Christmas and birthday gifts, DVDs and CDs (yes, I’m dating myself) and that sweater that your ex bought you that you never really liked to begin with? [read post]