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26 Jun 2008, 4:43 pm
First, the statute itself does not provide that the party whose statute of limitation is being suspended is entitled to notice or a hearing. [read post]
9 Feb 2021, 5:33 am by The Law Offices of John Day, P.C.
The problem with this argument is that it does little more than attempt to resurrect the open and obvious doctrine. [read post]
8 Oct 2008, 4:56 am
Patent No. 5,236,940 does not qualify as an enabling prior art reference, and therefore, does not anticipate claims 1-5 of U.S. [read post]
20 Jul 2011, 1:05 pm by Venkat
As a bonus, although the court authorizes early discovery, it directs the ISP in question to provide the affected subscriber (Doe 1) with notice of the subpoena, and gives Doe 1 an opportunity to object. [read post]
31 May 2019, 6:53 am by The Swartz Law Firm
The court of appeals rejected the defendant’s argument and sided with several circuits which addressed this issue and held that the presumption against the extraterritorial application of congressional legislation does not apply in the sentencing context of a court’s consideration of relevant conduct that occurred outside the United States. [read post]
19 Mar 2012, 3:21 am
Here, the court determined that the People satisfied the requirements of Abe A. set forth above, and defendant does not expressly challenge that determination. [read post]
4 May 2017, 1:57 pm by John Rubin
Unlike a secured bond, the defendant does not have to post cash or pay a premium to a commercial surety or bondsman. [read post]
17 Dec 2011, 8:48 am
In order to obtain a search warrant for a DNA sample, the government does not need to conclusively demonstrate the existence of an unknown DNA sample: “it suffices that the state has established that its evidence, removed from defendant’s residence, contains recoverable biological samples that may, but not necessarily will, provide a DNA profile useful for forensic purposes” (a blood stain and a hair with follicular matter). [read post]
30 Jan 2013, 5:01 pm by oliver randl
The Board therefore cannot find fault in the manner in which the OD handled the issue of admissibility of the requests in question; the right to be heard has been observed (A 113(1)). [5.6] In the notice of appeal the [patent proprietor] simply requests “reimbursement of the appeal fee” but does not give any reasoning in support. [read post]
28 Oct 2013, 7:19 pm by Mary Dwyer
§ 2254(d)(2) merely because the state court does not conduct an evidentiary hearing. [read post]
24 Aug 2021, 7:14 am by John Jascob
To hold that the stay does not apply in cases filed in state court would mean that it applies only to some actions, not "any" action. [read post]