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16 Sep 2011, 5:19 pm
” First, we will briefly summarize the long history of the case. [read post]
9 Apr 2024, 12:47 pm
Gilman appeared first on Yale Journal on Regulation. [read post]
30 Dec 2022, 12:04 pm
A divided Ninth Circuit panel ruled that given the robust disagreement among scientific experts over that question, the California Chamber of Commerce was likely to succeed on the merits of its claim that Proposition 65-mandated warnings on food products containing acrylamide violate the First Amendment of the U.S. [read post]
1 Dec 2023, 4:34 am
United States, the Court’s first opportunity to squarely interpret the Sixteenth Amendment in the age of originalism. [read post]
19 Dec 2023, 7:40 am
Only the Judge on the merits can be seized of claims that could lead to the invalidation of the title. [read post]
3 Oct 2010, 6:36 pm
I explained that it was incorrect to extrapolate from the experience of Justice Marshall, who after being nominated from his prior position as Solicitor General had recused from more than half of the merits cases in his first Term on the Court. [read post]
8 Sep 2009, 11:24 am
Following a final judgment on the merits, claim preclusion binds parties from re-litigating the merits presented and also from raising "any other admissible matter which might have been offered" on the merits. [read post]
1 Apr 2013, 8:25 pm
The defendants had pointed this out before the Third Circuit, but the court had refused to even consider the issue, labeling it a merits question. [read post]
23 Nov 2017, 3:00 pm
Whatever the merits of his substantive proposal, reconciliation is not a viable route to accomplish it. [read post]
23 Oct 2016, 11:50 am
” The SCOV dodges the constitutional question by agreeing with the neighbors’ first argument. [read post]
25 May 2017, 3:33 pm
Surely the Establishment Clause of the First Amendment yet stands as an untiring sentinel for the protection of one of our most cherished founding principles—that government shall not establish any religious orthodoxy, or favor or disfavor one religion over another. [read post]
28 Jan 2019, 11:47 am
As I wrote yesterday, it's time look past the question of merits (where the facts and the law are overwhelmingly on the FTC's side) and on to the subject of remedies. [read post]
4 Mar 2013, 7:37 pm
For res judicata to apply, there must be: (1) a prior final judgment on the merits by a court of competent jurisdiction; (2) identity of parties or those in privity with them; and (3) a second action based on the same claims that were raised or could have been raised in the first action. [read post]
18 Apr 2020, 4:07 pm
SCOV now looks at the merits of the surviving issues: (1) whether Allco established the right to intervene in its first motion and (2) whether the PSB erred when it denied Allco permissive intervention. [read post]
11 Jul 2014, 11:43 am
The Government has now had three opportunities to claims justified exceptions to the Vaughn index disclosures—first, in its brief on the merits, second, in the pending petition for rehearing, and third, in its response to the Court's ex parte letter of June 10, submitting for in camera review the Court's proposed Revised Opinion. [read post]
23 Apr 2018, 1:05 pm
At Wednesday’s hearing, the justices will hear arguments about the merits of the travel ban for the first time after more than a year of contentious litigation. [read post]
11 Aug 2016, 2:21 pm
A district court that has ruled on the merits of a copyright case can easily assess whether the losing party advanced an unreasonable claim or defense. [read post]
11 Aug 2016, 2:21 pm
A district court that has ruled on the merits of a copyright case can easily assess whether the losing party advanced an unreasonable claim or defense. [read post]
15 May 2015, 3:46 pm
Court of Appeals for the First Circuit. [read post]
27 Feb 2023, 12:24 am
For now I believe DG COMP will make its own decision, independently and strictly merits-based. [read post]
