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5 Mar 2019, 7:06 am
The post Abortion could return to the Supreme Court: In Plain English appeared first on SCOTUSblog. [read post]
7 Mar 2013, 7:21 am
If the natural phenomenon doctrine is to be rejected, it should be based on its merits rather than on the occasional mistakes of courts applying it. [read post]
13 Sep 2015, 3:20 pm
Further, when [the accountant] was prompted by the prosecution to discuss the merits of the “last-in-first-out” accounting method, the district court properly prevented [the accountant] from answering, as that sort of testimony could stray into the realm of expert testimony. [read post]
19 Nov 2014, 10:43 am
The question is one of first impression in California. [read post]
16 Apr 2019, 4:30 am
But the lawyer, Melville Nimmer, used the word in response to the first question he received. [read post]
28 Nov 2017, 4:25 am
In the absence of prejudice or surprise to the opposing party, leave to amend a pleading should be freely granted unless the proposed amendment is palpably insufficient or patently devoid of merit said the court.Unlawful Retaliation: With respect to claims of unlawful retaliation under the NYCHRL, in the First Amendment context, a plaintiff "need only show that the retaliatory conduct in question would deter a similarly situated individual of ordinary firmness from exercising… [read post]
3 Nov 2014, 1:30 am
"The First Amendment is applicable to the states through the Fourteenth Amendment. [read post]
27 Sep 2017, 3:30 pm
In the federal lawsuit, Tennes claims that the denial was in direct retaliation of his lawful exercise of his First Amendment rights.Federal Judge Paul Maloney agreed, granting the cider mill's motion for injunctive relief and holding that East Lansing cannot deny the cider mill's application based on constitutionally protected First Amendment activity. [read post]
29 May 2014, 4:04 pm
The defendants were all convicted of multiple counts of rape in the first degree and sodomy in the first degree. [read post]
31 May 2016, 6:23 am
I hesitate to use the word "bullying" in the context of trade mark litigation of doubtful merit, because bullying is not something about which to speak or write lightly. [read post]
28 Jul 2013, 2:41 am
The first Office action concerning this patent came down in December. [read post]
7 Dec 2022, 2:31 pm
Green, but that is cold comfort given the rest of the Court’s opinion and the Court’s refusal to decide the issue on the merits. [read post]
25 Apr 2016, 9:45 am
The first three cases were heard and decided by the court composed of the six remaining justices and Senior Judge Michael J. [read post]
19 Feb 2013, 12:41 pm
The most important provision involved a “right of first refusal. [read post]
1 Sep 2017, 2:30 pm
That the injunction here is a preliminary one issued before a full adjudication on the merits makes the prior restraint even more offensive to the First Amendment. [read post]
23 Nov 2013, 12:02 pm
But these other concerns do merit mention. [read post]
1 Sep 2017, 12:42 pm
The first serious step would be to declare the system critical infrastructure. [read post]
27 Feb 2018, 1:13 am
The arrangement of a picture can hugely affect its effect on the viewer, and potentially its artistic merit. [read post]
4 Oct 2013, 8:20 am
The first big question I ask in Democracy and Political Ignorance is why we should care about political ignorance in the first place. [read post]
11 Jan 2013, 7:36 pm
But from the ashes of the botched first case arises a phoenix: The widow can sue her first lawyer for the CPS. [read post]