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16 Jun 2015, 11:41 pm
The Court of Appeals for the Ninth Circuit therefore concluded that no take-down order should have been ordered against Google, especially since that would entail a 'prior restraint of speech' which clashes with First Amendment rights. [read post]
7 Nov 2012, 12:07 pm
 At oral arguments, then, we want to do whatever we can to reduce the importance of an advocate's skill under pressure and to emphasize the merits instead. [read post]
9 Jan 2018, 4:43 pm by Lawrence B. Ebert
” See Margarett Tarkington, Comment, The Truth Be Damned: The First Amendment, Attorney Speech, and Judicial Reputation, Geo. [read post]
26 Feb 2018, 5:00 pm by Matthew Kahn
Merits Briefs The government’s merits brief argues that the relevant provision of the SCA regulates “providers’ disclosure of electronic information to the government, not providers’ storage of that information. [read post]
20 Jul 2016, 1:48 pm by Lawrence B. Ebert
Note a footnoteThe parties designated certain information intheir merits briefs as confidential, but later informed thecourt that “the information in the merits briefs may bediscussed at argument and included in any opinion. [read post]
3 Jun 2018, 1:36 pm by Joel R. Brandes
First, respondent argued that petitioner could not bring her claim under the Hague Convention because she granted permission for the children to travel to the United States in the first instance. [read post]
7 Nov 2017, 8:00 am by Sarah Grant
The convening authority’s decision on the merits of Baker’s contempt conviction is expected in the next few days. [read post]
18 Jun 2017, 7:53 am by Eleonora Rosati
It is not the first time that French courts consider the reputation of the original author relevant for the application of copyright law. [read post]
15 Aug 2015, 2:32 pm
The case is Matsqui First Nation v. [read post]
27 Apr 2021, 1:36 pm by Brian Stull
The court held that the child needed to file his formal complaints within 48 hours of being assaulted and raped in order to have his case heard on the merits. [read post]
22 Mar 2015, 2:02 pm by Kevin Goldberg
The first element of California’s Anti-SLAPP having been satisfied, the parties moved on to the question of the probability of Flo and Eddie’s success on the merits. [read post]
20 May 2013, 7:37 am by Larry
Again, this is a reminder to the litigants that not all disagreements raise questions of fact that merit any attention in discovery or would preclude a decision by the Court on the merits of the case. [read post]
8 Apr 2015, 5:00 am
Especially if the claims are identical, the diverse defendants really are just arguing that the suit has no merit, period. [read post]
20 Jul 2023, 6:00 am by Public Employment Law Press
Similarly, petitioner's newly-asserted New York State unspecified constitutional religious freedom argument may not be considered for the first time on reargument, and, in any event, it is unavailing (see Kane v De Blasio, 623 F Supp 3d 339 [SD NY 2022] [City policy requiring workers in school settings to be vaccinated not unconstitutional]). [read post]
13 Sep 2016, 11:28 am
Uruguay issued the first-ever award on the merits in an IP-related investment dispute. [read post]
15 Nov 2012, 12:32 am by Kevin LaCroix
  There may well be legitimate arguments about the merits or demerits of these types of deals. [read post]
2 Feb 2017, 10:26 am by Quinta Jurecic
 First, the WPA’s rights apply to civil service employees in the competitive service. [read post]