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A grant of summary judgment without more does not support a finding of bad faith by the losing party
26 Nov 2011, 10:11 am
A grant of summary judgment without more does not support a finding of bad faith by the losing party. [read post]
17 May 2018, 4:54 pm
§ 2113(e), Congress required an enhanced punishment when a defendant kills a person during a bank robbery. [read post]
14 Apr 2016, 6:55 am
The court granted defendants' motion for summary judgment that plaintiff was collaterally estopped from claiming an earlier invention date for one of its internet security patents. [read post]
24 Oct 2014, 7:10 am
[W]hile the Court does not find [plaintiff] acted in bad faith, it did willfully proceed on timing in conflict with the Court's scheduling order for fact discovery. . . . [read post]
13 Mar 2015, 7:08 am
The court awarded defendant more than $5.3 million in attorneys' fees under 35 U.S.C. [read post]
24 Sep 2018, 7:47 am
(ii) As the nature of military (and financial and organizational) competition changes, so too does the form of the state. [read post]
28 Jun 2016, 10:43 am
Nealon's decision to enter summary judgment in favor of the defense in a slip and fall matter.In affirming the trial court decision below, the Superior Court reviewed the current status of the law of liability of a landlord-out-of-possession, including the reserved control exception and the public use exception to those rules of liability.Also of note is the fact that the Superior Court reaffirmed that the Nanty-Glo Rule does not prevent the party moving for summary judgment from… [read post]
28 Jan 2015, 7:10 am
[Plaintiff] does not address this argument in its opposition, nor did it meaningfully respond to it during oral argument. [read post]
18 Dec 2018, 5:00 am
Aug. 7, 2018), the court ruled that a cause of action does not exist against a spouse of a person who violently assaulted a third party. [read post]
3 Dec 2012, 8:26 am
However, if a court tells a defendant he has a right to appeal, and the government doesn't pipe up and say, No, he doesn't," the defendant may get to take it up. [read post]
8 Dec 2023, 12:51 pm
In this leading case, in addition to holding that the categorical approach applies to the controlled-substance-offense determination, the Court ruled that, because N.Y.P.L. 220.31 punishes possession of human chorionic gonadotropin, but the CSA does not, it cannot serve as a predicate for offense-level-enhancement …The post New York Narcotics Convictions Still Aren’t Federal Controlled Substance Offenses appeared first on Federal Defenders of New York Blog. [read post]
13 Dec 2013, 7:00 am
If a court does not have personal jurisdiction, its rulings and orders can't be enforced upon that person or entity. [read post]
22 Apr 2016, 7:09 am
The court granted defendant's motion to compel draft reports exchanged between plaintiff's experts. [read post]
6 Sep 2023, 8:46 am
But the Court said no: “the New York statute applies on its face to all cocaine isomers; [federal law] does not. [read post]
16 Sep 2019, 10:34 am
In this case, the defendant operated an acupuncture and massage clinic. [read post]
25 Nov 2013, 8:17 am
We further conclude that the motion does indeed relate back to the original complaint, and, accordingly, we reverse the trial court’s decision and remand the matter to that court so that it may reconsider BSI’s motion to intervene in light of the relevant factors.") [read post]
9 Dec 2018, 2:30 pm
[Miami Herald via SDFLA Blog] * Former federal defender Stephen Cooper does not mince words: "The prospective gassing of human beings in Alabama is an abomination. [read post]
31 Jul 2013, 10:05 am
The court does not see why information disclosed (or not disclosed) to the PTO becomes irrelevant when it is supplied or edited by litigation counsel." [read post]
29 Mar 2019, 4:00 am
Petitioner's allegations of employment discrimination based on events that occurred before April 8, 2011 are time-barred under the applicable three-year statute of limitations [see CPLR 214[2]; Administrative Code of City of NY § 8-502[d] and the Continuous Violation Doctrine does not apply in this instance; and2. [read post]
19 Nov 2019, 4:00 am
The court, in finding that plaintiffs had standing to bring the lawsuit reasoned in part:The injury alleged is discrimination – that Plaintiffs have been denied the opportunity to give an invocation when other religious groups have been allowed that privilege....Although Establishment Clause violations can be asserted by the irreligious as well as the religious, such as a non-believing school student who is compelled to recite a prayer, Plaintiffs’ religious-discrimination claim… [read post]
