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11 Oct 2023, 1:23 am by Roel van Woudenberg
Yesterday, a Press Communiqué was published as the Enlarged Board had issued its decision in consolidated cases G 1/22 and G 2/22 and the decision became available in the register, and today on the Recent Decisions page. [read post]
10 Oct 2023, 3:08 pm by CAFE
They also break down the reporting by ABC News that special counsel Jack Smith has obtained testimony that former President Donald Trump shared classified information about U.S. nuclear submarines with an Australian billionaire at Mar-a-Lago.In the full episode, Preet and Joyce discuss:– The start of Trump’s civil fraud trial in New York;– Trump’s invocation of presidential immunity in his motion seeking dismissal of DOJ’s election interference criminal… [read post]
10 Oct 2023, 2:48 pm by Parks, Chesin & Walbert
A recent disability discrimination case from here in Georgia is an example of an employer succeeding on a summary judgment motion and avoiding a trial on a worker’s disability discrimination case. [read post]
10 Oct 2023, 2:47 pm
When this year started, the world of arbitration stays looked like this: In federal courts there was a split, with the law in the 9th Circuit being that if you appealed the denial of a motion to compel arbitration, there was no automatic stay of the litigation pending the appeal; you had to seek such a stay from the district court judge (and if that failed, the circuit). [read post]
10 Oct 2023, 2:22 pm by Matt Roberts
  Indeed, in a recent decision, a federal court held that the government’s summary judgment motion should be denied because the government did not provide sufficient factual support for the value of the accounts as of the filing deadline.[1]    Accordingly, taxpayers with significant civil FBAR penalties should ensure that they raise all credible arguments at the IRS administrative level and, if necessary, at the federal court level. [read post]
10 Oct 2023, 2:15 pm by Eileen McDermott
Supreme Court on Tuesday denied a petition asking the justices to weigh in on whether the Lanham Act prohibits “the unauthorized use of a celebrity’s persona advertising third party brands with logos in a commercial motion picture as a trademark infringement? [read post]
10 Oct 2023, 2:15 pm by Eileen McDermott
Supreme Court on Tuesday denied a petition asking the justices to weigh in on whether the Lanham Act prohibits “the unauthorized use of a celebrity’s persona advertising third party brands with logos in a commercial motion picture as a trademark infringement? [read post]
10 Oct 2023, 2:06 pm
Idaho moves to stay the district court's order -- basically, asking to let the state law go into effect -- and that motion gets decided by a panel consisting of Judges Bade, Lee and VanDyke, all of whom (as you may know) are Trump appointees.Two weeks ago, the panel granted the stay, holding in a published opinion that the Idaho statute banning abortions is not preempted and that the state would be irreparably harmed by putting a hold on the law.Today, the Ninth Circuit takes that… [read post]
10 Oct 2023, 1:41 pm by Kevin LaCroix
One challenge the plaintiffs will face in response to the motion to dismiss will be demonstrating to the court that the defendants made the supposedly misleading statements with the requisite scienter. [read post]
10 Oct 2023, 11:48 am by Emily Vaisa
The Seventh Circuit then granted the NLRB’s Motion to liquidate the fines, add the two corporate officials of Haven as additional respondents in contempt, and to issue a writ of body attachment. [read post]
10 Oct 2023, 11:23 am by Rebecca Tushnet
The slide deck had disclaimer language that the information on the slides was not complete, and that the slides contained forward-looking statements. challenged representations in slide formFor purposes of a preliminary injunction motion, the court first considered literal falsity. [read post]
10 Oct 2023, 10:28 am
Filing a motion for altering custody is also a possible option. [read post]
10 Oct 2023, 9:29 am by Eugene Volokh
The court also allowed plaintiffs' suit to go forward on the separate theory that the Department violated the First Amendment by closing comments on its social media accounts: Now pending is defendants' Motion for Summary Judgment ("MSJ"). [read post]
10 Oct 2023, 9:22 am by Legal Profession Prof
The Wyoming Supreme Court denied a motion for a reinstatement from a disability suspension imposed with pending grievances The primary issue presented is whether Doe met his evidentiary burden to show, by clear and convincing evidence, that he recovered from... [read post]
10 Oct 2023, 7:28 am by Alicia Maule
Lott filed a motion to vacate his conviction in 2018 based on these exonerating DNA results and the problematic identification, but former District Attorney Paul Smith opposed the motion. [read post]
10 Oct 2023, 7:23 am by Kyle Persaud
But you can go to court and file a motion to enforce visitation, and the sheriff (though not the city police or highway patrol) may serve your spouse with notice of the hearing. [read post]
10 Oct 2023, 6:30 am
Greenwashing cases often survive motions to dismiss, unless the flaws in the suit are evident from the packaging. [read post]
10 Oct 2023, 6:30 am
Greenwashing cases often survive motions to dismiss, unless the flaws in the suit are evident from the packaging. [read post]