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17 Dec 2010, 2:10 am
Ex parte and inter partes appeal brief processing has been streamlined, new user friendly BPAI appeal rules are proposed, new pilot programs are being introduced, and the pendency of reexamination proceedings is slowly improving. [read post]
12 Dec 2010, 12:25 pm
However, the court of origin is not obliged to give any motivation for its findings – the forms are usually filled out by simple crossing. [read post]
11 Dec 2010, 5:32 am
This is Part II in a series discussing the recent holding in Reliable Fire Equipment v. [read post]
8 Dec 2010, 4:48 am
Noting the very high threshold for review imposed by the Wednesbury test (see criticisms of this by the House of Lords in R v Secretary of State for the Home Department, ex parte Daly [2001] UKHL 26,[2001] 2 AC 532 and the Strasbourg Court in Smith and Grady v United Kingdom (1999) 29 EHRR 493, para. 138) the Committee considered that the application of a “proportionality principle” by the courts in E&W could provide an adequate standard of review in… [read post]
7 Dec 2010, 3:22 pm
There is an obvious and material difference between being represented in proceedings which could result in a person’s expulsion from, or detention in the Commonwealth, being represented, and a person being represented for the purpose of the preparation of a report pursuant to s 62G of the Act, the weight given to which would be determined after the parties referred to in such report had the opportunity to cross-examine its author during the course of proceedings in the court in… [read post]
6 Dec 2010, 4:57 am
Part III.B offers a judicial solution. [read post]
5 Dec 2010, 4:00 am
Kaiser Pernanente, Blue Shield, Blue Cross, Group Health Cooperative of Puget Sound, Pridential, New York Life, and many others. [read post]
3 Dec 2010, 8:25 am
However, increased legal certainty requires active reliable ex ante knowledge of the applicable law. [read post]
30 Nov 2010, 12:14 pm
But Churchill would have been able to avoid sovereign immunity on his reinstatement claim under Ex Parte Young by suing the officials responsible for his termination for prospective injunctive relief. [read post]
30 Nov 2010, 9:19 am
A grand jury proceeding, on the other hand, is completely ex parte -- it consists of the grand jurors, the prosecutor, and the individual witnesses. [read post]
28 Nov 2010, 1:38 am
Recently, the November/December issue of the German law journal “Praxis des Internationalen Privat- und Verfahrensrechts” (IPRax) was published. [read post]
24 Nov 2010, 3:46 am
The material is examined ex parte by the judges; Shawan and his lawyer have never seen it and as such have been given no opportunity to contest it. [read post]
21 Nov 2010, 8:55 pm
Ex Parte Eugene Williams, NO. [read post]
18 Nov 2010, 8:55 am
The clause was originally conceived as a safeguard “to prevent depositions or ex parte affidavits … being used against the prisoner in lieu of a personal examination and cross-examination of the witness in which the accused has an opportunity, not only of testing the recollection and sifting the conscience of the witness, but of compelling him to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the… [read post]
18 Nov 2010, 1:59 am
Moreover, ASG does not assist Mr Donald because, not only was it fact-sensitive, more importantly it was concerned with the prior, ex parte stage. [read post]
12 Nov 2010, 12:54 pm
UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte JAMES RICHARD COLTHURST ____________ Appeal 2009-013331 Application 11/029,748 Technology Center 3700 ____________ Before LINDA E. [read post]
10 Nov 2010, 5:09 am
(Plaintiffs have argued that ex parte contacts are culturally accepted in Ecuador, and that they broke no rules.) [read post]
8 Nov 2010, 4:32 pm
Part 1 was published on 5 November 2010. [read post]
2 Nov 2010, 5:46 pm
Sebelius, 13 No. 9 Westlaw Journal Nursing Home 7, Westlaw Journal Nursing Home October 22, 2010An industry group representing physician-owned hospitals has asked a federal judge to allow it to proceed with a lawsuit seeking to block part of the new health care reform law that limits the growth and construction of new doctor- owned facilities. [read post]
2 Nov 2010, 10:25 am
(Ex parte Saint-Gobain.) [read post]
