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10 Mar 2011, 5:59 am
After considering the issue, Hancock’s party-appointed arbitrator and the umpire concluded that the arbitrators themselves (and the parties’ lawyers) were entitled to know and consider the evidence presented and results reached in the first arbitration.Before the hearing on the merits began in the second arbitration, Trustmark brought an action to, among other things, enjoin the proceeding on the grounds that Hancock’s arbitrator was not… [read post]
8 Jun 2010, 10:55 am by Matt Osenga
If so, should that offset be linked to the period beyond average current backlogs to first Office action on the merits in the traditional queue? [read post]
5 Jun 2014, 9:01 pm by Vikram David Amar
Kerry and Respect for Congress The first case is in the trio is one the Supreme Court has seen before. [read post]
21 Jul 2020, 5:21 pm by Allan Blutstein
I candidly would prefer requiring judicial relief on the merits as the sole criterion of fee award eligibility, but I am not holding my breath for Congress to re-amend the statute at plaintiffs’ expense. [read post]
16 Oct 2015, 6:14 am
  Having disposed of the first three factors, he took up the fourth one, explaining that itexamines the sum of money at stake in the action. [read post]
13 Jan 2017, 1:24 pm
The first is a judgment adjudicating guilt, which arises out of an offense committed in 2011. [read post]
30 Oct 2019, 6:04 am by Bob Bauer
Should this happen, the narrow fairness argument could merge into more of a defense on the merits. [read post]
16 Mar 2017, 3:35 pm by Florian Mueller
That part is relevant in connection with the merits questions (validity and infringement), but not to the injunction case, which was a separate appeal. [read post]
22 Jan 2018, 6:34 am by Joy Waltemath
Only in opposing certification did the club, for the first time, raise the arbitration agreements, and move the court to compel arbitration as to those dancers who had signed the agreements. [read post]
15 Mar 2012, 8:35 am by William McGrath
It is important to note that the Motion Panel's ruling is a procedural first step and the finding that the litigants have shown the likelihood of success on the merits is not binding on the Panel that will hear the appeal: The merits panel is, of course, free to resolve all issues without preclusive effect from this ruling. [read post]
16 Apr 2014, 8:36 am by Joy Waltemath
Settled California law indicated that a prior final judgment on the merits not only settles the issues actually litigated, but also any issue that might have been raised and litigated in the first action. [read post]
3 Mar 2015, 2:15 pm by Steve Vladeck
Tuesday’s argument suggests that the Justices are likely to answer the first question in the negative, but the second in the affirmative. [read post]
14 Sep 2021, 4:00 am by Alan Macek
The post Preliminary Issues on Motions for Summary Adjudication in Federal Court appeared first on Slaw. [read post]