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25 May 2009, 7:30 am
I might accept the Topic Authority’s judgment as the gold standard but I don’t accept any old lawyer’s judgment as such (especially not a contract lawyer new to case who might have had only an hour or two of training about the matter). [read post]
19 Sep 2016, 11:02 am by Arthur F. Coon
  But Public Resources Code § 21167.6(b)(1) also provides “[t]he parties shall pay any reasonable costs or fees imposed for preparation of the record of proceedings in conformance with any law or rule of court[,]” and the Court of Appeal saw “nothing in section 21167.6 from which we could infer a limitation on the identity of the prevailing parties that can recover administrative record costs under Code of Civil Procedure sections 1032 and 1033.5,… [read post]
6 Feb 2012, 7:31 am by James Hamilton
As a matter of policy and practice, the Treasury Department does not participate in the consideration or issuance of private letter rulings. [read post]
26 May 2010, 9:10 am
FEDERAL RULES – Plain Error Doctrine, Federal Rule of Criminal Procedure 52(b). [read post]
13 Apr 2017, 9:44 am by Jo Dale Carothers
  Currently, a patent owner is allowed to file one motion to amend to (A) “cancel any challenged patent claim” and (B) “propose a reasonable number of substitute claims” that do not “enlarge the scope of the claims of the patent or introduce new matter. [read post]
16 Mar 2007, 11:40 am
The ILB has been unable to find a case touching on this specific matter. [read post]
29 Aug 2023, 7:23 am by Eugene Volokh
Appellants assert that, because they incorporated SCA's structural engineering designs, the buildings depicted in the images on VSMsq's website were "artistic works," as that term is used in subsection 27.010(b)(1)…. [read post]
21 Sep 2013, 7:04 am by Dennis Crouch
§ 112(b) that requires claims that "particularly point[] out and distinctly claim[] the subject matter which the inventor … regards as the invention." [read post]
30 Jan 2012, 5:35 am
Even for them, however, IP is treated as a matter of only marginal importance. [read post]
26 Oct 2006, 8:31 am
  I imagine we do not see a slew of these suits b/c (a) lawyers do not like to sue lawyers (which is a view that is now being questioned by the wonks in the area, of which I am not one), (b) the courts have proved painfully protective of lawyers, (c) lawsuits against lawyers on related matters (but based on different legal theories, please note!) [read post]
15 Jun 2009, 4:10 am
Courts have viewed employees who lack licenses as being "unqualified," in contrast to being "incompetent," to perform the duties of the position.In contrast, see Matter of Martin ex rel Lekkas, 86 AD2d 712. [read post]
25 Apr 2014, 9:00 am by Susan C. Morse
Under IRC § 7402(b), federal district courts have the authority to enforce IRS summons, and under IRC § 7604(b) “shall” do so “if satisfactory proof is made. [read post]
20 Jul 2010, 4:20 am by Russell Jackson
Sullivan was an appeal from the settlement of an antitrust class action that had been certified under Rule 23(b)(3) for damages relief and under Rule 23(b)(2) for injunctive relief. [read post]