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28 Jan 2019, 7:00 am
The appeals court also noted that the testimony had focused more on the father’s increased income than the children’s needs. [read post]
26 Apr 2010, 7:07 am
Appeal! [read post]
26 May 2015, 2:11 am
One of the more common grounds to appeal a criminal conviction is based on improper arguments during closing. [read post]
31 Aug 2018, 12:23 pm
Court of Appeals for the Federal Circuit, August 6, 2018, Gerson Co. v. [read post]
Google makes itself ridiculous, tells appeals court something Microsoft can disprove with transcript
12 Dec 2013, 11:30 am
I said that the third part, which Google's Motorola described as a fact it didn't know and couldn't anticipate when it filed its Ninth Circuit appeal last year, was more interesting than the first two parts. [read post]
13 Oct 2015, 10:03 pm
Court of Appeals for the Eighth Circuit in St. [read post]
19 Sep 2016, 2:07 pm
What may be more interesting to practitioners than the outcome is the path that led to the appellate court’s determination on certification. [read post]
27 Apr 2011, 5:55 am
The Court of Appeals observes, although miscalculating a deadline is the sort of garden variety attorney error that cannot on its own rise to the level of extraordinary circumstances, Dillon's case involves more than a simple miscalculation. [read post]
2 Dec 2014, 6:02 am
Inconsistencies, inaccuracies and exaggerations can come back to bite an employer in connection with other more significant matters! [read post]
10 Aug 2009, 5:36 am
From the National Law Journal: A federal appeals court has rekindled a challenge to a Wisconsin rule that allows graduates of the state's two law schools to become licensed attorneys without taking the state bar examination. [read post]
3 Apr 2016, 6:18 am
In 1997, Rancho leased Parcel One to a private school bus company which, at all times relevant to this appeal, used it as a bus yard and trucking station. [read post]
25 May 2019, 7:39 pm
The Second Circuit Court of Appeals held in May that a lawsuit challenging the denial of a subdivision application was properly dismissed. [read post]
5 Jan 2016, 3:01 pm
The Court of Appeals agreed. [read post]
31 May 2024, 9:40 am
But which one or more? [read post]
6 Jul 2011, 10:25 pm
Of course, most parties are not going to appeal such an order, because the appeal would cost more than the sanction order. [read post]
11 Mar 2012, 5:00 am
There are actually half a dozen or more different standards and each applies differently depending on the grounds for the appeal. [read post]
31 May 2017, 1:09 am
In his mind, the decisions simply reiterated the requirement above on perception and reliance by consumers, and while reliance is not a requirement under the CJEU decision (discussed more here), it still remains an important consideration.Reliance demonstrates that a non-distinctive mark has become distinctive in its own right.The Court of Appeal therefore was satisfied that the mark had not acquired distinctiveness and dismissed the appeal. [read post]
1 Aug 2024, 6:00 am
In this appeal to the Commissioner of Education the Commissioner found that the majority of the Petitioner’s claims must be dismissed as untimely, noting that an appeal to the Commissioner must be commenced within 30 days from the decision or act complained of, unless any delay is excused by the Commissioner for good cause shown (See 8 NYCRR 275.16). [read post]
1 Aug 2024, 6:00 am
In this appeal to the Commissioner of Education the Commissioner found that the majority of the Petitioner’s claims must be dismissed as untimely, noting that an appeal to the Commissioner must be commenced within 30 days from the decision or act complained of, unless any delay is excused by the Commissioner for good cause shown (See 8 NYCRR 275.16). [read post]
2 Nov 2008, 7:59 am
"We also note that there is no clear evidence that the application of the death penalty serves as a more effective deterrent against criminal activity than other forms of punishment. [read post]
