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23 Dec 2020, 8:43 am by Giles Peaker
There was no other feature of the statutory context which persuaded me that this was not a determinative matter. [read post]
23 Dec 2020, 6:21 am by Andrew Lavoott Bluestone
Whether R&L would have prevailed on an application to serve a late notice of claim has not been established as a matter of law on this record and therefore will have to be determined by the trier of fact. [read post]
23 Dec 2020, 6:00 am by Josh Blackman
As a threshold matter, many university face existential fiscal crises. [read post]
23 Dec 2020, 5:44 am by Giles Peaker
FTT decision, including findings of fact, set aside, and matter remitted for fresh hearing. [read post]
23 Dec 2020, 5:31 am by Annsley Merelle Ward
To refuse an injunction in such circumstances would be too much of an in-road into a patentee’s rights, which Birss J felt was a matter for Parliament and not the courts. [read post]
23 Dec 2020, 4:29 am
What should have mattered is what the Democrats demanded. [read post]
22 Dec 2020, 9:03 pm by News Desk
Abstracts must report the results of original research based on accepted scientific practices or subject matter of an educational nature, as well as case studies and literature reviews, dealing with food protection including: Causes of foodborne illness or food spoilage Contaminants of food Control of foodborne illness, food spoilage and food contamination during pre-harvest production and postharvest processing, distribution, preparation and service to consumers including advances in… [read post]
22 Dec 2020, 7:35 pm by Patent Docs
Netflix moved to dismiss the case on the pleadings under Rule 12(b)(6), asserting that the claims did not meet the subject matter eligibility requirements of 35 U.S.C. [read post]
22 Dec 2020, 4:20 pm by Josh Blackman
And neither of these questions matter because Trump can deviate in light of Paragraph (c). [read post]
22 Dec 2020, 3:56 pm by Jodi Stein and Jennifer Dickson*
This past week, in a 4 to 3 decision,  New York’s highest court – the Court of Appeals – decided an important New York City land use question regarding how “open space” is accessed by residents on a zoning lot with multiple buildings In the Matter of Randy Peyton, et al v. [read post]
22 Dec 2020, 2:33 pm by Joel R. Brandes
 Circumstances of contemporary daily interactions between men and women, warrants that the “opportunity” element of proof of adultery must be interpreted to mean more that mere “proximity,” but must instead necessarily mean “proximity plus. [read post]
22 Dec 2020, 12:46 pm by Giles Peaker
Matters came to a head in July 2019 when Ms Nur bid on a three bedroom house with adaptations that would make it suitable for Z. [read post]
22 Dec 2020, 9:26 am by Marc Antonetti
Under the approved bill, following its enactment, any “non-compete provision contained in an agreement that was entered into on or after the applicability date … between an employee and an employer shall be void as a matter of law and unenforceable. [read post]
22 Dec 2020, 9:17 am by Giles Peaker
A health emergency on a pandemic scale is, in my view, one such matter. [read post]
22 Dec 2020, 9:15 am by Eugene Volokh
As a general matter, it is well-settled that protecting a minor from psychological and physical harm serves an important governmental interest, in fact, in many circumstances, a compelling state interest. [read post]
22 Dec 2020, 6:34 am by Jonathan H. Adler
Trump has consulted on special counsels with White House chief of staff Mark Meadows, White House counsel Pat Cipollone and outside allies, according to several Trump administration officials and Republicans close to the White House who spoke to The Associated Press on condition of anonymity because they weren't authorized discuss the matter publicly. [read post]
22 Dec 2020, 6:01 am by Dan Maurer
This not only confuses the public, and can dim the military’s credibility by association, but also sends messages throughout the Armed Forces that defense matters are to be judged through partisan lenses. [read post]