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29 Jan 2018, 7:34 am by Kate Fort
Under these circumstances, the record does not support the trial court’s finding that ICWA does not apply. [read post]
7 Feb 2014, 2:26 am
Second, having regard to paragraph 26 of the decision of the Board of Appeal, this Kat does not really grasp what is meant by the assertion that “there may be different reasons as to why similar signs coexist”. [read post]
12 Jun 2013, 1:50 am by Kevin LaCroix
The Court of Appeals found that the SEC Order “does not establish that the $160 disgorgement payment was predicated on moneys that Bear Stearns itself improperly earned. [read post]
29 Jun 2010, 1:00 pm by Dov Jacobs
It therefore does an analysis based on the nature of the appellate proceedings, where contrary to trial, the presumption of innocence does not apply. [read post]
16 Jul 2024, 5:00 am
And when DOE later moved -- via a summary judgment application -- for pretrial relief in its favor, the Queens County Supreme Court siding with agency and letting it out of the case.On appeal, the Appellate Division, Second Department, noted that DOE had the burden of “‘showing that it neither created the allegedly hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it. [read post]
23 Oct 2018, 11:43 am
But it does not follow that being outside the safe harbour is automatically an abuse. [read post]
15 Jul 2011, 10:12 pm by Walter Olson
Per a Connecticut appeals court, looking at an employee and saying “Bang bang” does not, even when added to some other impolite conduct, rise to the level of “extreme and outrageous” behavior required to trigger a claim of intentional infliction of emotional distress [Daniel Schwartz] Tags: Connecticut, emotional distress, workplace Related posts September 9 roundup (6) October 2000 archives, part 2 (1) May 2002 archives, part 1 (0) March 2000… [read post]
24 Jun 2010, 10:19 pm by Walter Olson
“A law that makes drug dealers liable for the injuries they cause does not apply to two pharmacies, a California appeals court has ruled, rejecting the case of a woman who got addicted to painkillers she acquired illegally from an employee of the pharmacies. [read post]
15 Aug 2012, 4:10 am by Howard Friedman
., Aug. 10, 2012), a Kentucky state appeals court held that the 1st Amendment does not prevent a court from hearing a suit for unpaid salary and benefits brought by a Presbyterian pastor who was fired from his position. [read post]
4 Nov 2010, 12:03 pm
Before everyone jumps for joy, this is the trial court, and the decision will likely be appealed. [read post]
7 Aug 2009, 9:55 am
Town Plan & Zoning Commission ("On appeal, the plaintiffs claim that the commission does not have discretion to deny an application for a special permit when, as in this case, the applicant has complied with all applicable zoning regulations. [read post]
26 May 2009, 6:56 am
Hardly a month after a trademark lawsuit filed in the appeals court against Google's keyword sales, another suit has surfaced in Texas. [read post]
14 Jun 2007, 12:15 pm
Moments ago Judge Reggie Walton ruled that Libby does not get bail pending appeal. [read post]
4 Feb 2016, 1:50 am by Jim Singer
A recent decision from the Patent Trial and Appeal Board (PTAB) shows that the “charged with infringement” requirement must be satisfied, or the PTAB will deny the petition. [read post]
4 Feb 2016, 1:50 am by Jim Singer
A recent decision from the Patent Trial and Appeal Board (PTAB) shows that the “charged with infringement” requirement must be satisfied, or the PTAB will deny the petition. [read post]
3 Apr 2009, 2:37 pm
  The Court held that Rule 11 does not extend to oral statements except in very limited circumstances. [read post]