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17 Aug 2021, 8:26 am by J. Dana Stuster
China’s investment in electrical grids and nuclear power projects across Asia and into parts of Europe and its promotion of Chinese-produced 5G technology could give China a wealth of intelligence about strategic infrastructure. [read post]
15 Aug 2021, 9:05 pm by Anita L. Allen
In significantly shorter life spans, however, they have spawned massive changes in health industry practices and, initially, prompted myriad lawsuits—litigating, among other issues, HIPAA’s constitutionality, the extent of preemption of state laws, allowed damages, exceptions to patient-consent rules, malpractice defense attorneys’ permission to speak directly to treating physicians (“ex parte communication”), and patients’ right to personally… [read post]
13 Aug 2021, 6:30 am by Guest Blogger
Thus, citing numerous examples, including the 1790 naturalization statute that vested jurisdiction in the federal courts to entertain petitions for citizenship on an ex parte basis, Pfander explains that from the beginning, federal courts understood Article III’s concept of “Cases” to encompass “uncontested petitions to secure a right under federal law. [read post]
13 Aug 2021, 4:55 am by Howard Wasserman
(By resolving on standing, the court does not reach the "wrong-defendant" argument that Ex Parte Young does not overcome sovereign immunity). [read post]
13 Aug 2021, 3:49 am
However, as the Board noted, the lack of evidence of actual confusion carries little weight in an ex parte proceeding, where the cited registrant has no opportunity to submit relevant evidence.And so, the Board affirmed the refusal to register.Read comments and post your comment here. [read post]
11 Aug 2021, 11:48 am by Rebecca Tushnet
Adverse possession doesn’t fit b/c of lack of exclusivity. [read post]
Following AMG the parties stipulated, and on May 18, 2021 the Court issued an order, “dissolving the asset freeze entered in the Court’s October 6, 2020 Ex Parte Temporary Restraining Order. [read post]
1 Aug 2021, 1:30 am by Dennis Crouch
Ex parte Horne, APPEAL 2020-004000, 2021 WL 2788193 (2021) Applicant claimed a saw blade blank without cutting teeth and the examiner rejected the claims as lacking utility since it was just a work-in-process. [read post]
31 Jul 2021, 2:25 pm by Russell Knight
“For good cause shown on ex parte application, the court or any judge thereof may excuse the delivery or service of any complaint, pleading, or written motion or part thereof on any party, but the attorney filing it shall furnish the document promptly and without charge to any party requesting it. [read post]
28 Jul 2021, 11:12 am by Lydia Estep
., No. 2019-1704, that issue preclusion can apply to previous inter parte reexamination decisions. [read post]
25 Jul 2021, 12:09 pm by David J. Halberg, Esq.
But generally in those cases, we need to show the wrong occurred because of decisions or lack of oversight by higher-ups or was part of a practice or policy of the organization. [read post]
21 Jul 2021, 9:20 pm by Ram Eachambadi | JURIST Staff
The court noted that Microsoft request for an emergency ex parte relief in this instance was not due to lack of due diligence on its part but based upon the “nature of defendant’s unlawful conduct,” and relieved Microsoft of the duty to provide defendants with prior notice of Microsoft’s motion for the TRO. [read post]
21 Jul 2021, 8:03 am by Asaf Lubin, João Marinotti
On June 17, a bipartisan group of U.S. senators reintroduced the International Cybercrime Prevention Act. [read post]
20 Jul 2021, 9:17 am by Phil Dixon
Not every misleading claim or lack of knowledge suggests mental illness, and ‘not every manifestation of mental illness demonstrates incompetence to stand trial’ or to waive the right to counsel. [read post]
18 Jul 2021, 7:37 am by Andrew Delaney
On appeal, SCOV affirms, reasoning that the case lacked legally workable claims. [read post]
15 Jul 2021, 8:28 am by Steven Koprince
In fact, while I would never suggest that anyone read the entire FAR, there is a lot of very useful information in FAR Part 1–everything from understanding agency FAR supplements and deviations to recognizing the authority (and lack of authority!) [read post]
14 Jul 2021, 9:01 pm by Vikram David Amar and Jason Mazzone
But since no public executive officials are involved in (indeed they are prohibited from) enforcing the new Texas law, neither the governor nor the attorney general is an appropriate defendant under Ex Parte Young under these unusual circumstances. [read post]
14 Jul 2021, 7:51 am by Patrick Hulme
Presidents can, however, substantially mitigate this ex post downside risk if they get Congress “on the record” in support of a use of force ex ante. [read post]