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5 Jul 2017, 4:00 am by Malcolm Mercer
(Phoenix Concert Theatre), 2012 ONCA 496 which set out the following factors to be considered in the test for reasonableness: (a) the time expended by the solicitor; (b) the legal complexity of the matter at issue; (c) the results achieved; and (d) the risk assumed by the solicitor. [read post]
4 Jul 2017, 10:56 am by Peter Margulies
(As largely faith-based groups, the volags are also subject to a higher authority, but I won’t dwell on that here.) [read post]
4 Jul 2017, 4:38 am by Romano Beitsma
T 0578/12: Dispensing restricted products Many features of the claimed invention were disclosed in an earlier patent application. [read post]
3 Jul 2017, 12:28 pm by Herb Lin
  Such inspection would reveal only what can be caught, not what can’t be caught. [read post]
3 Jul 2017, 8:31 am by Rebecca Tushnet
While the former might be a matter of public concern, “certification of commercial products—the activities that [the plaintiff] seeks to enjoin”—didn’t further such speech, because the protected conduct, articulating a standard, would be complete before any authorization occurred. [read post]
2 Jul 2017, 10:02 pm by Barry Barnett
You didn’t have to squawk until (1) you got formal notice of your right to remove yourself from the class and (b) you failed to timely respond by saying “I opt out. [read post]
2 Jul 2017, 9:32 am by Sam Bray
” Then A might counter: “Yes, but you knew you were building on my property, so it doesn’t matter that the burden on you is high. [read post]
2 Jul 2017, 9:29 am by Eddie Cannon
They’re supposed to look ahead and make sure there are as many Plan B’s as possible for their clients so if things don’t go their way perhaps the situation can be salvaged through an alternate route. [read post]
30 Jun 2017, 10:19 am by Gregory Forman
All questions as to competency, relevancy, materiality, privilege and admissibility as evidence for any purpose of any of the answers given, or the subject matter thereof in any subsequent proceeding in, or the trial of this action or any other action or proceeding; B. [read post]
30 Jun 2017, 9:22 am by Lawrence B. Ebert
"[T]he test forsufficiency is whether the disclosure of the application relied upon reasonably conveys to thoseskilled in the art that the inventor had possession of the claimed subject matter as of the filingdate. [read post]
30 Jun 2017, 4:10 am by Rebecca Tushnet
  First Resort’s regulated speech wasn’t inextricably intertwined with its fully protected speech. [read post]
29 Jun 2017, 8:30 am by Joseph Tartakovsky
Simplified somewhat (habeas lawyers forgive me), the question is whether Counsel A can raise arguments that are normally barred because Counsel B did not raise them. [read post]
29 Jun 2017, 7:30 am by The Public Employment Law Press
[T]he Appellate Division is subject to the same constraints as th[e] Court [of Appeals]—a penalty must be upheld unless it is so disproportionate to the offense as to be shocking to one's sense of fairness,' thus constituting an abuse of discretion as a matter of law. [read post]
28 Jun 2017, 10:01 am by MBettman
If the statute has certain factors in it, and it doesn’t have other factors in it, and the court considers extraneous matters, isn’t that subject to appellate review? [read post]
28 Jun 2017, 8:30 am by Lawrence B. Ebert
Proc. 12(b)(6) without claim construction was not error, nor was there error in considering certain claims to be representative. [read post]