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27 Jun 2012, 12:43 am
Practice point: The motion, pursuant to CPLR 3211(a)(1), may be granted only if the movant’s documentary evidence utterly refutes the factual allegations of the complaint and conclusively establishes a defense to the claims as a matter of law. [read post]
22 May 2017, 5:00 am
The post Formal Opinion 477 appeared first on Mendik Matters. [read post]
20 Apr 2012, 6:57 am
That may change if AB 2501 is adopted. [read post]
31 Mar 2019, 6:09 pm
The Nestlé Purina PetCare Company (Nestlé) has recalled a single batch of Muse cat food due to foreign matter contamination. [read post]
7 May 2010, 3:55 pm
On May 6, 2010, ALJ Theodore R. [read post]
15 Jan 2008, 3:28 pm
He writes: I'm all for public choice arguments, but in the case of Nevada, I think history matters. [read post]
8 Oct 2019, 4:30 pm
The ruling, a rare loss for the government on surveillance matters, found that the FBI may have violated the law, as well as constitutional protections against unreasonable searches, as it searched through databases connected to its a warrantless communications surveillance program. [read post]
8 May 2007, 8:08 pm
This article has been tagged since May 2007. [read post]
[Eugene Volokh] Third Circuit Reaffirms that Even Nonviolent Felons May Lose Second Amendment Rights
16 Nov 2022, 11:49 am
The post Third Circuit Reaffirms that Even Nonviolent Felons May Lose Second Amendment Rights appeared first on Reason.com. [read post]
23 Apr 2018, 9:27 am
These amendments become effective on May 5, 2018. [read post]
4 Dec 2008, 2:09 pm
Understanding that federal judges may approach the same problem differently, gives you an opportunity to tailor your argument appropriately. [read post]
29 Dec 2014, 7:19 am
The fact that an abstract idea may be usefully applied, however, is not enough to 'transform an unpatentable principle into a patentable process.'" Cloud Satchel LLC v. [read post]
10 Feb 2017, 7:54 am
The Office claimed that the name would likely be disparaging towards “persons of Asian descent,” citing the Disparagement Clause of the Lanham Act of 1946, which prohibits trademarks that “[consist] of or [comprise] immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute. [read post]
18 Feb 2020, 4:00 am
Significantly, the court noted that “[e]ven where a claim is otherwise arbitrable, the scope of the arbitration is still limited to the specific issues presented and may not extend to those that are materially different or legally distinct.In addition, the decision cited Matter of United Fedn. of Teachers, Local 2, AFT, AFL-CIO v Bd. of Educ. of City School Dist. of City of N.Y., 1 NY3d 72, in which the Court of Appeals held that “[a] public policy argument may… [read post]
11 Feb 2016, 6:54 am
We acknowledge that other panels of the Board have taken the caveat that an otherwise statutorily disclaimed dependent claim, which includes finance-related subject matter, may still be considered, to the extent that the still pending independent claim from which it depends may include claim limitations that encompass the finance-related subject matter of that dependent claim. . . . [read post]
7 May 2024, 6:00 am
However, his reasons for walking on the floor despite the warnings are irrelevant since a slip and fall would not be unexpected in the circumstances.A remand to the Trustees is not warranted since they considered the statements of the three witnesses, which were consistent, and petitioner did not deny that their account of the incident was accurate (see Matter of McCartan v Shea, 211 AD3d 534, 535 [1st Dept 2022]).THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE… [read post]
18 Feb 2020, 4:00 am
Significantly, the court noted that “[e]ven where a claim is otherwise arbitrable, the scope of the arbitration is still limited to the specific issues presented and may not extend to those that are materially different or legally distinct.In addition, the decision cited Matter of United Fedn. of Teachers, Local 2, AFT, AFL-CIO v Bd. of Educ. of City School Dist. of City of N.Y., 1 NY3d 72, in which the Court of Appeals held that “[a] public policy argument may… [read post]
9 Jul 2013, 1:19 pm
While you may be shocked to hear this, shopping for groceries, or virtually anything for that matter, can be dangerous for unsuspecting customers. [read post]
7 May 2024, 6:00 am
However, his reasons for walking on the floor despite the warnings are irrelevant since a slip and fall would not be unexpected in the circumstances.A remand to the Trustees is not warranted since they considered the statements of the three witnesses, which were consistent, and petitioner did not deny that their account of the incident was accurate (see Matter of McCartan v Shea, 211 AD3d 534, 535 [1st Dept 2022]).THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE… [read post]
15 Feb 2013, 5:03 pm
We would be honored to help you with your matters - large or small. [read post]
