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12 Feb 2015, 11:27 am by Lawrence B. Ebert
(“[W]hen the district court reviewsonly evidence intrinsic to the patent (the patent claimsand specifications, along with the patent’s prosecutionhistory), the judge’s determination will amount solely to adetermination of law, and the Court of Appeals willreview that construction de novo. [read post]
31 Mar 2016, 1:26 pm by Lawrence B. Ebert
“[W]hen the district court reviews only evidenceintrinsic to the patent (the patent claims and specification[],along with the patent’s prosecution history), thejudge’s determination will amount solely to a determinationof law, and the Court of Appeals will review thatconstruction de novo. [read post]
19 May 2020, 4:00 am by Howard Friedman
[W]hen the Governor utilized the provisions of ORS 433.441 in her executive order, she triggered all the provisions of ORS 433.441 including the time restrictions in ORS 433.441(5). [read post]
25 Jun 2022, 6:31 am by Andrew Delaney
The opinion concludes with a direct quote from the case defendant argues should no longer be applicable: “[W]hen a proper notice of appeal from a final judgment or order of the lower court is filed the cause is transferred to this Court, and the lower court is divested of jurisdiction as to all matters within the scope of the appeal. [read post]
17 Jan 2008, 10:55 pm
Jan. 17, 2008), the Court of Appeal takes on one of my peeves about procedure, and I’m glad to see it. [read post]
4 Oct 2016, 6:33 am by Steve Vladeck
” Thus, Manrique argues, “[w]hen the amended judgment is entered that completes the initial judgment, it merges into the original incomplete judgment, so that the two together become the final judgment. [read post]
18 Aug 2014, 12:00 am
On August 6, 2014, the Federal Circuit Court of Appeals issued its opinion in ScriptPro, LLC v. [read post]
20 Feb 2007, 8:48 am
From the NYT: [W]hen his wife filed for divorce in 1994, Mr. [read post]
11 Apr 2016, 12:28 pm by Silverberg Zalantis LLP
Therefore, the Court of Appeals held: “[w]hen a permit is wrongfully issued in the first instance, the vested rights doctrine does not prevent the municipality from revoking the permit to correct its error. [read post]
11 Apr 2016, 12:28 pm by Silverberg Zalantis LLP
Therefore, the Court of Appeals held: “[w]hen a permit is wrongfully issued in the first instance, the vested rights doctrine does not prevent the municipality from revoking the permit to correct its error. [read post]
11 Apr 2016, 12:28 pm by Silverberg Zalantis LLP
Therefore, the Court of Appeals held: “[w]hen a permit is wrongfully issued in the first instance, the vested rights doctrine does not prevent the municipality from revoking the permit to correct its error. [read post]
16 Nov 2015, 2:20 pm
 Including  that "Donald was unable to spell the word 'world' backwards" and "[w]hen asked to subtract 7 from 100, he could not perform the calculation past 93 (100- 7=93); he could not subtract 7 from 93 (93-7=86). [read post]
15 Jul 2014, 9:37 am by Second Circuit Civil Rights Blog
An example of this was a 2006 case where the Court of Appeals said the NYPD could discipline police officers who engaged in racist off-duty speech that could impair the performance of their duties (since the public has no confidence in racist police officers).This case is not as dramatic as the racist cops case, but the plaintiff still loses. [read post]
6 Aug 2019, 2:27 am
The CAFC has found it appropriate to consider issues raised for the first time on appeal in limited circumstances:We have articulated limited circumstances in which considering arguments made for the first time on appeal is appropriate: (1) "[w]hen new legislation is passed while an appeal is pending, courts have an obligation to apply the new law if Congress intended retroactive application even though the issue was not decided or raised below"; (2)… [read post]
13 Feb 2015, 5:00 am by Doug Cornelius
Court of Appeals 2014 case, the Chamber’s position on such internal compliance programs was clarified. [read post]