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22 Feb 2014, 8:22 am
In mid-January I wrote here about a pair of cases that were being argued before New York's Court of Appeal (the state's high court) that tackled the question: when does lying to suspects during police questioning cross the line from clever interrogation to coercing involuntary confessions. [read post]
16 Feb 2012, 5:00 am by Wystan M. Ackerman
A trial in which one side is almost completely prevented from making its case does not comport with standards of due process. [read post]
18 Mar 2010, 7:34 am by Dennis Crouch
The Third Circuit previously held that the Federal Circuit does not have exclusive jurisdiction in this situation. [read post]
7 Jun 2007, 2:18 pm
Update: Thanks to Deconstructionist in the comments for pointing out this D.C. case law on the standard: (1) Does the appeal raise a substantial question? [read post]
9 Dec 2022, 8:51 pm by Marx Sterbcow
  The webinar will discuss the 5th Circuit Court of Appeals ruling on the CFPB’s funding structure and will address questions the real estate industry has been asking such as: What does this mean? [read post]
21 Jan 2024, 2:49 am by Rose Hughes
" In such cases, the Board of Appeal considered it "settled practice that subject-matter not covered by the claims must be 'removed' through an appropriate statement of the applicant in the description which effectively does not remove the technical teaching of the patent". [read post]
5 Aug 2009, 8:28 am
  The Court of Appeals held, however,  that “how an entity elects to be classified under the federal ‘check-the-box’ system does not determine  how it will be classified for  [Single Business Tax Act] purposes. [read post]
27 Jan 2023, 1:54 am by Rose Hughes
Even if there were an opportunity to provide comments, the EPO does not have a great track record of delving into the nuances of user responses (IPKat). [read post]
20 Jan 2011, 12:55 pm by Steven Boutwell
The Second Circuit’s decision creates a further divide among the Circuit Courts of Appeal on the subsequent purchaser doctrine. [read post]
10 Mar 2017, 11:35 am by Siegel, LeWitter & Malkani
Importantly, the conduct must be severe or pervasive- it does not have to be both. [read post]
20 Oct 2022, 2:26 pm by Kevin LaCroix
If the insurance does not carry through the appeal stage, the insured person may be deprived a key element of his or her defense. [read post]
11 Dec 2011, 1:27 pm by Thomas G. Heintzman
 In Kennedy Electric, the Ontario Court of Appeal held that the installation of large assembly-line equipment for the manufacture of truck frames was not an “improvement. [read post]
30 Sep 2008, 2:49 pm
MacLean of The National Law Journal writes today:In a boon for the mortgage lending industry, a federal appeals court has said the Truth in Lending Act does not allow for rescission of mortgages on a class action basis. [read post]
8 Apr 2011, 8:46 am by emagraken
The existence of a left-turning vehicle does not raise a presumption that something unexpected might happen and cast a duty on the dominant driver to take extra care. [read post]