Search for: "Matter of Cert. of a Question of Law"
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3 Dec 2015, 6:42 am
“Matter” doesn’t matter. [read post]
2 Dec 2015, 12:38 pm
First, “the dose makes the poison”; this implies that all chemical agents are intrinsically hazardous—whether they cause harm is only a question of dose. [read post]
2 Dec 2015, 6:12 am
The questions that remain open by the High Court’s denial of the petition for cert are: (1) Whether the rule in USPS Bd. of Governors v. [read post]
27 Nov 2015, 9:39 am
The Chief Justice wanted to hear the cases and was so upset when a majority of his colleagues refused to do so that he prepared a dissent from the denial of cert. [read post]
24 Nov 2015, 6:22 am
Our matters include patent appeals, and so familiarity with (or at least a willingness to get familiar with) patent law and practice are a big plus. [read post]
20 Nov 2015, 12:44 pm
After trial, defendants moved for JNOV, arguing, inter alia, that they were entitled to judgment as a matter of law because plaintiffs’ warnings claim was preempted, under principles of implied conflict preemption. [read post]
20 Nov 2015, 11:24 am
The Court has been wary of taking another Second Amendment case, so it will be interesting to see whether a dissent from denial of cert. is on the way. [read post]
19 Nov 2015, 9:23 am
This case involves two certified state law questions from Judge Charles M. [read post]
15 Nov 2015, 7:48 pm
Thus, in their closing post, symposium conveners Adam Cox and Cristina Rodriguez expressed surprise that the work authorization question had so quickly "receded" from both sides of the debate; one reason for this, they surmised, was that the question "quickly came to be seen as a matter of straightforward statutory delegation. [read post]
14 Nov 2015, 8:39 pm
Powerful policy considerations militate against construing a class gift to include a child adopted out of the family. 1 In detailing adoption procedures (see, Domestic Relations Law art. 7), the Legislature clearly intended that the adopted child be severed from the biological family tree and be engrafted upon new parentage (see, Matter of Cook, 187 N.Y. 253, 260, 79 N.E. 991; Matter of "Wood" v. [read post]
12 Nov 2015, 11:30 am
Finding the whole slate of cases cert. [read post]
10 Nov 2015, 5:30 am
This bold effort squarely presents a question circling around academic circles for years: whether the USPTO has the authority to address section 101 (subject matter eligibility) within Covered Business Method (CBM) reviews. [read post]
6 Nov 2015, 8:57 am
Much to their chagrin, the Supreme Court – in keeping with its recent practice – only granted cert. on the first question presented: whether “a misdemeanor crime with the mens rea of recklessness qualif[ies] as a ‘misdemeanor crime of domestic violence. [read post]
3 Nov 2015, 8:47 pm
The answer to that question should clearly be no.If you'd like to be updated on the smartphone patent disputes and other intellectual property matters I cover, please subscribe to my RSS feed (in the right-hand column) and/or follow me on Twitter @FOSSpatents and Google+.Follow @FOSSpatents Share with other professionals via LinkedIn: Share| [read post]
30 Oct 2015, 7:48 am
Abortion regulations provide precedent for saying that extremely controversial subject matter can’t be subject to labeling, no matter how true it is. [read post]
25 Oct 2015, 1:40 pm
Roche (Meso Scale petition & app) In a new petition for cert, Meso Scale asks the following simple question: Whether a covenant, promise, or agreement not to sue for the infringement of a federal patent is a license of that patent as a matter of federal law. [read post]
21 Oct 2015, 1:26 pm
Finally, a cert petition has been filed in Hernández v. [read post]
17 Oct 2015, 2:03 pm
Why should consent matter to the preemption claim? [read post]
17 Oct 2015, 8:47 am
Particularly notable because the ROP as accepted in Zacchini is arguably simply common-law copyright: the relevant question should be who is the owner/author of the unfixed performance. [read post]
15 Oct 2015, 5:56 am
Justices get hung up on such matters, as our system of laws means that all the i’s get dotted and the t’s get crossed. [read post]
