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23 Jan 2022, 2:03 pm
  This appeal involves a form of fraud rarely seen in day to day litigation. [read post]
22 Jan 2022, 3:16 pm by Dennis Crouch
” On appeal, Bacon argued that he owned the invention based upon the prior employment agreement. [read post]
20 Jan 2022, 12:04 pm by Elizabeth McElvein, Benjamin Wittes
Any discussion of the Court of Appeals concerning President Trump’s status as a former President must therefore be regarded as nonbinding dicta. [read post]
18 Jan 2022, 2:45 am by Anastasiia Kyrylenko
In turn, OLG Düsseldorf upheld the defendant’s claim, invalidated the design and dismissed the infringement claim (20 U 98/17). [read post]
17 Jan 2022, 8:04 am by Kevin LaCroix
  The plaintiffs in the Toshiba lawsuit appealed to the Ninth Circuit, which reversed the lower court’s ruling. [read post]
  Nonetheless, the ETS is not dead yet, so employers should continue to monitor the appeal process and OSHA’s response to the stay. [read post]
14 Jan 2022, 12:36 pm by admin
The Court’s Order means the CMS Interim Rule is now enforceable in all states—effective immediately—pending the outcomes of lawsuits challenging the CMS Interim Rule before the Fifth and Eighth Circuit Court of Appeals. [read post]
14 Jan 2022, 10:12 am by Susan McNear Fradenburg and Terri Harris
The Texas case was not part of the appeal to the Supreme Court and is not specifically covered by the Supreme Court’s order. [read post]
13 Jan 2022, 3:54 pm by Lawrence B. Ebert
Second, OSHA asked the Court of Appeals to vacate the Fifth Circuit’s existing stay. [read post]
13 Jan 2022, 3:21 pm by Matthew J. Roberts, Esq.
As previously reported, the ETS was heavily litigated based on an argument that OSHA overstepped its authority in issuing such a mandate, but a Sixth Circuit Court of Appeals ruling allowed the mandate to take effect — and then multiple parties filed emergency motions with the U.S. [read post]
13 Jan 2022, 12:33 pm by Jonathan H. Adler
Many States, businesses, and nonprofit organizations challenged OSHA's rule in Courts of Appeals across the country. [read post]
13 Jan 2022, 5:01 am by Eric Claeys
But in a mandatory appeal, a summary affirmance is a ruling on the merits, and it has a holding and precedential effect (see Tuesday's post) like any other merits judgment. [read post]
13 Jan 2022, 5:01 am by Eric Claeys
But in a mandatory appeal, a summary affirmance is a ruling on the merits, and it has a holding and precedential effect (see Tuesday's post) like any other merits judgment. [read post]