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3 Mar 2015, 5:15 pm
“[A]n applicant’s preparations to use a mark in commerce are insufficient to constitute use in commerce. [read post]
3 Mar 2015, 2:15 pm
Few areas of the Supreme Court’s jurisprudence are as dense and complex as the rules governing post-conviction habeas corpus petitions filed by state prisoners in federal court. [read post]
3 Mar 2015, 11:58 am
” This type of motion can be used by a defendant, including a public entity, in response to a lawsuit that challenges conduct by the defendant in furtherance of the defendant’s right of petition or free speech as defined by the anti-SLAPP statute. [read post]
3 Mar 2015, 6:44 am
” The United State Constitution, as well as the North Carolina Constitution require the government to pay “just compensation” when taking land for public purposes. [read post]
2 Mar 2015, 9:01 pm
’s brother and uses L.P. [read post]
2 Mar 2015, 6:48 pm
The court in Whitcher reasoned that the mere filing of a claim with a decedent's representative constituted the commencement of a special proceeding and that a claimant's petition for a compulsory accounting, to which a claimant thereafter resorted, was merely a claimant's use of another proceeding 'to accelerate the trial of his case already pending. [read post]
2 Mar 2015, 1:54 pm
If the plaintiffs’ constitutional rule were adopted, then the statute would plainly not meet it. [read post]
2 Mar 2015, 7:39 am
Joubran has opined that the definition of what constitutes a “present&rdq [read post]
2 Mar 2015, 7:36 am
To resolve these questions, VanderVelde parses the extraordinary collection of freedom suit petitions filed by slaves in St. [read post]
1 Mar 2015, 6:48 pm
CPLR 304 provides that a special proceeding is commenced, and jurisdiction acquired, by service of a notice of petition or order to show cause. [read post]
1 Mar 2015, 4:01 pm
The petitioner in that case (this being a petition for review of an allegedly wrong decision of a lower Board of Appeal) objected to the Chairman sitting on the Enlarged Board, saying that he was compromised by his dual roles. [read post]
28 Feb 2015, 7:00 am
One of those granted authorities is now being challenged in a Guantanamo habeas petition. [read post]
27 Feb 2015, 9:05 pm
Rules about evidence, not the Constitution, should govern this issue, the brief said. [read post]
27 Feb 2015, 7:11 am
During jury selection, the prosecution used its peremptory challenges to strike all of the black and Hispanic jurors available for challenge. [read post]
27 Feb 2015, 7:08 am
" Wilson and EPB argued that Section 706 gives the FCC the power to preempt the Tennessee and North Carolina statutes because those statutes constitute barriers to network investment and competition. [read post]
27 Feb 2015, 6:15 am
Joining the state’s petitions for that Conference is Reginald’s own petition in Carr v. [read post]
26 Feb 2015, 3:07 pm
US Rep. [read post]
26 Feb 2015, 6:48 am
Another post at Cato discusses the group’s amicus brief in support of a petition filed by a Vietnam veteran “protest[ing] against [the VA’s] use of a parcel of land deeded to the U.S. government for the care of homeless veterans for purposes other than that purpose. [read post]
25 Feb 2015, 4:57 pm
To resolve these questions, VanderVelde parses the extraordinary collection of freedom suit petitions filed by slaves in St. [read post]
25 Feb 2015, 2:08 pm
West put it in an email that eventually fell into Judge Grendell's hands: I am sorry I filed that petition. [read post]
