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19 Sep 2007, 2:00 pm
Plaintiffs, therefore, have no First Amendment claim that is not either lacking in merit or that has not already been rejected by the Supreme Court. [read post]
19 May 2009, 5:31 am by Ryan McCabe
            Under res judicata, subsequent claims are precluded if: (1) the judgment in the first suit was on the merits or final; (2) the parties in the first and second suit are either identical or in privity; and (3) the claims in the second suit arise "out of the same transaction or series of transactions" as the claims in the first suit. [read post]
29 Aug 2021, 9:00 pm by Vikram David Amar and Evan Caminker
They correctly note that even though Governor Gray Davis unsuccessfully raised a one-person, one-vote claim among others in 2003 before being recalled, the state high court denied review without setting any precedent on the merits. [read post]
4 Dec 2017, 5:36 pm by Ilya Somin
It is the first time any federal court has allowed any of Trump’s three travel bans to go into effect. [read post]
28 Jan 2009, 2:06 am
The selection of the proper law cannot fairly be termed a “merits-intensive determination. [read post]
29 Jul 2014, 10:19 am by and
On the merits of appellant’s case, the court first determined that Roberson failed to show that he was prejudiced by the defective notice as required under Government Code § 65010(b). [read post]
15 Dec 2013, 9:15 am by Omar Ha-Redeye
First, the assessment is often made on less than the entire record. [read post]
16 Jan 2014, 6:53 am by Dennis Crouch
Hyatt filed in 1995, the patent examiners issued first office actions in 1995 or 1996, and Mr. [read post]
20 Nov 2006, 10:58 am
Prof Miller: Discussion of Gov’t Brief; Patent Hawk: Becoming Less Obvious; Patent Hawk: Hindsight Problem; Buchanan: "[O]nce again, patent reform has left the Capitol and walked across First Street to the Supreme Court. [read post]
20 Jan 2012, 9:05 am by Rick Hasen
  Was this language crafted to fudge the issue, so that some can claim the “not insubstantial” is a tougher standard than likelihood of success on the merits (admittedly my first read of the language) and others suggesting that is an easier standard (as in, “not insubstantial” means “not frivolous”). [read post]
30 Oct 2007, 11:56 am
The district judge, having ruled that it had no possible merit, did not consider the other factors, besides the merits, that are germane to the decision whether to grant or deny a preliminary injunction. [read post]
30 Jun 2012, 4:59 pm by Kedar Bhatia
United States and First American Financial v. [read post]
25 Aug 2009, 10:36 am by TSLP
First, what bet exactly will Delaware offer? [read post]
8 Jan 2018, 7:11 pm
The time-bar determination, therefore, is not akin to either the non-initiation or preliminary-only merits determinations for which unreviewability is common in the law, in the latter case because the closely related final merits determination is reviewable. [read post]