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18 Aug 2014, 9:59 am
In Ex parte Quirin, the Supreme Court held that Article III does not apply to “offenses committed by enemy belligerents against the law of war,” which is why the war crimes trials after World War II–and the 9/11 trial at Guantánamo–haven’t raised Article III questions. [read post]
18 Aug 2014, 8:21 am
” Given the burden on the plaintiffs, and the profound interests, including bona fide commercial ones premised on a very reasonable presumption of the correctness of an agency’s repeated administrative decision, the idea that the TTAB would be swayed by so much inferential evidence is pretty surprising – Suprising… unless, as we argue in our brief, the TTAB is simply programmed to do just that in Section 2(a) cases, whether they are ex parte (meaning,… [read post]
18 Aug 2014, 6:13 am
As a general rule, name change requests should be included as part of a parties’ initial pleadings. [read post]
15 Aug 2014, 8:39 am
L. ex. rel. [read post]
14 Aug 2014, 7:24 am
The same rule was extended to superior court vacancies in 1996 (except, for a time, vacancies in some districts that were part of the earlier voting rights litigation). [read post]
13 Aug 2014, 9:18 pm
It also provides for ex parte orders for preservation of evidence and seizure of any property used, in any manner or part, to commit or facilitate a violation of the statute, using the procedure contained in the Lanham Act. [read post]
13 Aug 2014, 9:00 am
These actions may be negligent (ex. if a failure to inspect parts of an aging system leads to a leak) or distressingly intentional (ex. if a company opts not to report a sewage release for fear of negative press or economic consequences and people are sickened because they are unaware that water is tainted). [read post]
13 Aug 2014, 4:00 am
On May 27, 2014, the U.S. [read post]
13 Aug 2014, 3:00 am
During that time, class action filings were concentrated in a few plaintiff-friendly venues, and plaintiffs’ attorneys typically sought “drive-by” certifications, whereby ex parte certification orders were issued on the same day or shortly after the filing of the class action complaint. [read post]
12 Aug 2014, 8:00 pm
Id. at *28 (text added).[3b] [T]hat the district court erred in excluding expert testimony on the detailed reasoning of the PTO on the issues of written description, enablement, and obviousness during ex parte prosecution. [read post]
12 Aug 2014, 5:15 pm
” By now you may have guessed—Ms. [read post]
Innovation & Law: The Practice of Law Has Changed Over the Past 10 Years – BigLaw Shifts to SmallLaw
11 Aug 2014, 4:46 pm
August 11, 2014 I’ve been practicing law now – for the most part competition, advertising and regulatory law – for the past 12 years or so. [read post]
11 Aug 2014, 8:09 am
Cox Court Denies Restraining Order Against Ex-Boyfriend Who Threatened to Post Revenge Porn — EC v. [read post]
9 Aug 2014, 11:53 am
Although I am in substantial agreement with everything he writes, I am less sure of the conclusion that the ex post results means that the invasion of Iraq was a mistake ex ante. [read post]
7 Aug 2014, 9:55 am
The notion is that original claims are part of the specification and thus relevant. [read post]
7 Aug 2014, 7:05 am
This sentence may now be spidered by Google. [read post]
7 Aug 2014, 2:09 am
It's an ex tempore 24 July decision of Mr Justice Norris in the Patents Court, England and Wales, which this Kat found on the Lawtel subscription-only service. [read post]
6 Aug 2014, 9:00 am
” Last week’s accident may give rise to one or more personal injury lawsuit. [read post]
5 Aug 2014, 12:52 pm
A court may also stay its own proceedings in a proper case upon such terms as may be just (CPLR 2201). [read post]
5 Aug 2014, 11:23 am
And there is no apparent hardship to the one party in the litigation, as the order was granted below, unlike in the Fifth Circuit’s recent ex parte cell site case. [read post]