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22 Aug 2020, 5:02 am by Eugene Volokh
We hasten to say that in ruling as we do, we offer no view as to the merits of the plaintiffs' claims. [read post]
21 Aug 2020, 5:05 pm by Sean Hayes
We are of the opinion, because of the current makeup of the New York courts, that tenants have a high chance to getting to a trial on the merits. [read post]
21 Aug 2020, 1:11 pm by luiza
  Because many factors influence the Government’s intervention decision, many courts have recognized that Government declination does not necessarily mean that a case lacks merit. [read post]
21 Aug 2020, 4:00 am by Michael Erdle
First, and most important, don’t try to use arbitration to frustrate legitimate claims. [read post]
20 Aug 2020, 9:07 am by Seyfarth Shaw
It first found that the objector’s independent claims lacked any value in light of the Pearson settlement and so did not provide independent consideration to his private settlement. [read post]
20 Aug 2020, 7:56 am by Paul Rosenzweig
First, the scanning mechanism might be resident in the operating system of a device—that is, within the Apple or Google operating system for a mobile device. [read post]
20 Aug 2020, 5:00 am by Christopher Tyner
  As to the merits, the court found that the trial court’s inquiry of the defendant regarding her waiver of counsel, a waiver which the defendant also executed in writing, was similar to that in State v. [read post]
20 Aug 2020, 4:00 am by Public Employment Law Press
” Further, the Circuit Court noted that the City is not required to indemnify a defendant for “intentional wrongdoing or recklessness.The Circuit Court opined that the fact that Defendants may have certain employment rights meriting a hearing prior to termination** "says nothing of their right to indemnification after trial. [read post]
20 Aug 2020, 4:00 am by Public Employment Law Press
” Further, the Circuit Court noted that the City is not required to indemnify a defendant for “intentional wrongdoing or recklessness.The Circuit Court opined that the fact that Defendants may have certain employment rights meriting a hearing prior to termination** "says nothing of their right to indemnification after trial. [read post]
19 Aug 2020, 4:29 pm by Peter S. Lubin and Patrick Austermuehle
The District Court denied Novo Nordisk’s motion because it found that Novo Nordisk failed to show a likelihood of success on the merits, a necessary requirement to obtain injunctive relief. [read post]
19 Aug 2020, 11:26 am by Brittany Williams
., his motion properly preserved all sufficiency of the evidence issues. (2) On the merits of the case, the defendant argued that there was no substantial evidence that he was a “teacher” under the statute. [read post]
19 Aug 2020, 11:01 am by Arnold Wadsworth Coggins
When a default judgment is at issue, rule 60(b) motions “should be liberally granted because of the equitable nature of the rule,” and courts “should exercise [their] discretion in favor of granting relief so that controversies can be decided on the merits rather than on technicalities. [read post]
19 Aug 2020, 10:18 am by Neeraja Seshadri
” The post New Zealand court rules first days of COVID-19 lockdown were unlawful appeared first on JURIST - News - Legal News & Commentary. [read post]
18 Aug 2020, 12:49 pm by Adam Bartolanzo and John Chierichella
The Federal Circuit then proceeded to address – although ultimately, not to decide – a matter of first impression: “whether waiver could be found where, though relief from the agency was not available, a contractor or bidder bypassed, during the contract-formation process, an opportunity for a judicial ruling on the merits of the objection later asserted in court. [read post]