Search for: "FIRST MERIT"
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16 Jul 2023, 9:05 pm
This shutdown lead to a nationwide halt of all air traffic for the first time since September 11, 2001. [read post]
5 Feb 2014, 4:17 am
The underlying legal issue was one of first impression, and the doctors had a right to deny the request while seeking appellate review to expand or at least define the law of whether a voluntary dismissal is a termination on the merits. [read post]
20 Dec 2014, 9:30 pm
Res judicata (14th Court of Appeals Houston) A party claiming the affirmative defense of res judicata must prove (1) a prior final determination on the merits by a court of competent jurisdiction; (2) identity of parties or those in privity with them; and (3) a second action based on the same claims as were or could have been raised in the first action. [read post]
4 Nov 2021, 11:41 am
This appeal follows that pattern.'"I also had some tangential comments about the merits of the case, but whatever I ran out of time. [read post]
2 May 2017, 7:38 pm
Legal scholars and sources, such as Black’s Law Dictionary, provide two definitions of a mistrial: first, a trial is brought to an end by the judge before a determination on the merits has been made because a procedural error or serious misconduct; and, second, the trial judge declares a mistrial when the jury is unable to reach a verdict. [read post]
17 Sep 2010, 8:49 pm
That decision has been appealed to the Ninth Circuit, and the brief filed Friday by the Prop 8 supporters was the first of the written arguments to reach that Court. [read post]
30 Jan 2014, 3:58 pm
S.Ct.Prac.R. 18.02 allows for the filing of a motion for reconsideration of a merit decision. [read post]
19 Mar 2018, 6:01 am
§2421A(a) violates the First Amendment. [read post]
8 Jun 2007, 12:24 pm
"In this appeal we consider whether a statutory scheme compelling California pistachio growers to fund generic advertising through the California Pistachio Commission violates the First Amendment. [read post]
7 Aug 2015, 10:07 am
Id. at 13.On the merits, applying U.S. v. [read post]
9 Mar 2014, 7:53 am
” And as such, Linc-Drop had a substantial likelihood of success on the merits. [read post]
8 Jul 2023, 5:47 am
First, it invalidated the law facially, as opposed to as-applied to the plaintiffs. [read post]
23 Feb 2016, 10:24 am
The statute authorizes dismissal where the defendant demonstrates the complained of actions are in furtherance of protected First Amendment activity, thus shifting the burden to the plaintiff to demonstrate a probability of success on the merits. [read post]
27 Jun 2011, 4:00 am
Adler) This morning, the Supreme Court is expected to issue merits opinions in the four remaining cases from the October 2010 term. [read post]
17 Mar 2011, 1:16 pm
Few would argue the merits of frivolous lawsuits, but the “cure” being proposed in Congress this week is far worse than the disease. [read post]
10 May 2011, 4:55 pm
Liberty University was argued first and the argument focused primarily on the merits of the Commerce Clause issues. [read post]
2 Nov 2013, 6:25 am
The rule allows for a first request in the court of appeals if a motion in the district court would be "impracticable." [read post]
20 Jun 2007, 9:55 am
A: Transfer admission is almost entirely based on merit. [read post]
27 Nov 2006, 11:23 am
John’s argued only the first factor based on its argument that PHG’s patents impermissibly cover designs that are primarily functional. [read post]
16 Nov 2021, 9:56 am
Even if the state court set forth the merits determination from the bench and did not reduce the resolution of the issues to paper, Plaintiffs have a transcript of the proceeding. [read post]
