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1 Aug 2011, 4:00 am
Today’s case of the day, In re Toft (Bankr. [read post]
31 Mar 2020, 9:15 am
It simply argues that the purpose of Amendment 4 was not merely to re-enfranchise felons but to re-enfranchise felons who have “paid their debt to society,” and that the latter qualification was a critical prerequisite to the Amendment’s passing. [read post]
31 Jan 2021, 7:03 pm
Arizona: In In Re: Bowyer, a case at the U.S. [read post]
16 Jun 2009, 5:20 am
I hope I don't have to re-learn Chapter 12 cases. [read post]
19 Jul 2023, 10:59 am
In many cases, it’s the only way you’re going to be able to cover all of the losses that you’ve incurred. [read post]
22 Jan 2019, 4:32 pm
As will be seen, Sir James spent much of his judgment rehearsing points he (and other judges) have made elsewhere on numerous occasions, in particular in the case of Re J (see below). [read post]
10 Mar 2013, 11:24 am
However, after an examination of nineteenth-century case law, Madrid shows that it was typically the jury’s role to determine whether or not res judicata applied to a given case as a question of fact. [read post]
17 Mar 2020, 5:46 pm
Even so, the judgments in the recent case of Re Al M are extraordinary, not only in their implications for the futures of both parties and their families but for their novel application of the law surrounding the identification of children in family proceedings, the law of privacy and the evolving judicial approach to publicity in the family court. [read post]
13 Aug 2014, 12:00 pm
A revocable trust was created in fraud of the surviving spouse’s rights included in calculation of elective share. [read post]
15 Oct 2014, 4:00 am
Gifts violated terms of power of attorney requiring the agent to respect terms of the principal’s will in making gifts. [read post]
12 Feb 2014, 2:00 pm
Descendants of an adopted-out heir are entitled to inherit. [read post]
14 Feb 2014, 4:00 pm
A challenge to the appointment of a personal representative does not trigger an in terrorem clause. [read post]
29 Apr 2013, 12:18 pm
Beneficiary of specific property sold by conservator is entitled to proceeds remaining at the settlor’s death. [read post]
15 Dec 2014, 4:00 pm
The Supreme Court of Wyoming refused to recognize the doctrine of equitable adoption on the plain meaning of Wyo. [read post]
30 Jan 2010, 11:03 am
The factual situation in opposition proceedings was thus different from that of the ex parte proceedings, and so the res judicata principle does not apply in the present appeal case. [read post]
3 Mar 2024, 10:10 pm
If you’re a parent in San Bernardino County navigating the complexities of such… [read post]
18 Apr 2007, 6:33 pm
" Thus the mark was slightly different in the second application and the range of goods was greatly reduced.Under the doctrine of res judicata, or claim preclusion, a final judgment on the merits of a claim precludes relitigation of that same claim between the parties or their privies -- even in a case of default. [read post]
21 Nov 2014, 4:00 am
Examples of re-litigation No re-litigation – acceptance of case1 Generic1 Win -> Generic2 Win A recent example where a generic 1 win resulted in an “automatic” generic 2 win is the case of Bayer v Apotex 2014 FC 403. [read post]
14 May 2013, 7:35 am
In March of 2012, the Michigan Court of Appeals ordered that then 20-year-old Devon Glenn Jr. be re-sentenced for his role in a 2009 armed robbery in Jackson. [read post]
25 May 2016, 6:01 pm
In re Aqua Products (Fed. [read post]
