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4 Sep 2022, 9:05 pm by Richard DiNapoli
first appeared on The Regulatory Review. [read post]
10 Mar 2015, 12:27 pm by Jon Sands
The panel remanded the case to the district court for a determination of the merits of the petitioner's claims.The petitioner was convicted in a Nevada trial court of first-degree murder in connection with the death of her husband. [read post]
20 Jan 2014, 4:29 am
It then appealed that ruling to the Virginia Court of Appeals (which has jurisdiction to consider appeals of civil contempt orders), arguing that the First Amendment requires a showing of merit on both the law and facts before a subpoena duces tecum to identify an anonymous speaker can be enforced. [read post]
21 Jan 2014, 8:50 pm by Florian Mueller
Here's the claim language:A graphical user interface on a portable electronic device with a keyboard and a touch screen display, comprising: a first area of the touch screen display that displays a current character string being input by a user with the keyboard; and a second area of the touch screen display separate from the first area that displays the current character string or a portion thereof and a suggested replacement character string for the current character string;… [read post]
26 Nov 2013, 7:09 am
If the out of state plaintiff makes the same mistake and sues first in California first, the borrower may be safe. [read post]
8 Jan 2018, 7:25 pm by lcampbell@lawbc.com
On December 6, 2017, Plaintiffs also filed a motion for preliminary injunction (Motion), arguing that they are likely to succeed on the merits of their claim that the Prop 65 listing violates the First Amendment. [read post]
22 Nov 2020, 9:30 pm by ernst
  With these volumes Professor Brand made accessible the very first discussions of many aspects of the common law and revealed the first known occurrences of much of our legal terminology.Professor Brand's scholarship is impressive in its own right and amply merits electing him an Honorary Fellow of the Society. [read post]
9 Nov 2020, 1:45 pm
  Most of the opinions are unpublished, and even the ones that are published typically don't involve complicated legal doctrine or merit substantial comment.But I'm legitimately confused about this one.Christopher Falcon was charged with first degree murder, but pleaded no context to second degree murder. [read post]
28 Feb 2018, 4:12 am
Empowered by the Supreme People’s Court (SPC), Xi’an IP Tribunal will have jurisdiction over: IP-related civil or administrative cases at first instance occurring within the jurisdiction of Shaanxi Province which involve patent, know-how, computer software, plant varieties, layout designs of integrated circuit, recognition of well-known trade marks, and competition disputes; IP-related civil, administrative or criminal cases of first instance… [read post]
23 Apr 2018, 4:00 am by Robert Chesney
Meanwhile, it would be nice if the district court would move as quickly to resolve the merits of the underlying detention legal dispute as it has moved on the notification and transfer issues. [read post]
28 Mar 2013, 5:00 am by Beth Graham
”  According to the court, [d]eciding that Herrera was bound by the “successors and assigns” clause of the employment agreement, the arbitrator skipped to the ‘merits’ of the dispute without there first being a judicial determination as to whether Herrera, individually agreed to arbitrate. [read post]
30 Jun 2014, 9:14 am by Stephen D. Rosenberg
This is, of course, a drum I have always beaten about ERISA litigation and the Moench presumption in particular, which is that it is much more appropriate to delve into the facts to decide whether a case has merit, because the world – and a particular case - can look entirely different on its actual facts than it looks based on judicial assumptions made at the outset of a case, including when judicially created presumptions are applied without first examining the truth of the… [read post]
” Finding no merit in any of Ames’s arguments, the First Circuit denied the appeal and upheld the sanctions. [read post]
30 Jan 2022, 11:08 am by JD Hull
Member of DC's famous merit-based Cosmos Club. [read post]
31 Oct 2014, 7:35 am by Nassiri Law
On appeal, the court noted that since the summary judgment was granted, the court would have to look at the merits of the case in the facts most favorable to employee, who is the nonmoving party. [read post]
24 Jun 2020, 9:44 am by Tom Goldstein
The post Automation and the future of legal tech appeared first on SCOTUSblog. [read post]
16 Nov 2017, 7:00 am by Jonathan Bailey
According to Disney, the complaint is without merit and they are planning on vigorously defending the lawsuit. [read post]