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19 Mar 2014, 4:00 am
The failure to serve a necessary party requires the dismissal of the proceeding2014 NY Slip Op 01696, Appellate Division, First DepartmentThe Article 78 action involved an individual [Petitioner] seeking a court order annulling a decision of the New York City Civil Service Commission [CSC].Petitioner was terminated from his employment by the New York City Department of Sanitation. [read post]
19 May 2014, 9:11 am
First, we conclude that the plaintiff’s claim of error in denying summary judgment is unreviewable. [read post]
24 Jun 2013, 6:31 am
The petitioner first claims that Levy and Walkley provided ineffective assistance because they improperly advised him not to testify and failed to ensure that he understood the implications of not testifying... [read post]
16 Sep 2014, 4:10 am
However, the resolution of that question is not to turn upon a judicial perception of the particular belief or practice in question; religious beliefs need not be acceptable, logical, consistent, or comprehensible to others in order to merit First Amendment protection. [read post]
8 Jun 2013, 11:47 am
The other arguments that are made by the defendant in regard to his case are also found to be without merit. [read post]
30 Nov 2019, 5:35 pm
The first is whether the case is moot because the city ordinance that is being challenged was repealed earlier this year. [read post]
4 Jan 2018, 7:29 am
[With respect to its invalidity counterclaim based on anticipation, Defendant] has provided no evidence regarding when [plaintiff's] first public disclosure or sale of the invention occurred. [read post]
26 Nov 2012, 9:50 am
Because it dismissed the case on jurisdictional grounds, it did not rule on the merits of the religious freedom and employer mandate arguments. [read post]
7 Oct 2012, 8:47 am
"Second, the government argues that its decision not to intervene should in no way be interpreted to mean "that the claims lack merit. [read post]
18 Dec 2023, 4:05 am
Plaintiffs claimed that this deprived them of equal athletic opportunity. the court summarized its holding as follows:We do not consider whether Plaintiffs’ Title IX claims have any merit or whether they would be entitled to the relief that they seek as a matter of equity, but rather whether the district court has jurisdiction to hear their claims in the first instance. [read post]
21 Dec 2015, 5:43 pm
We refer to these considerations as the Winter Factors and examine them in turn.Under the first Winter Factor, a patentee “must demonstrate that it will likely prove infringement of one or more claims of the patents in-suit, and that at least one of those same allegedly infringed claims will also likely withstand the validity challenges presented by the accused infringer. [read post]
12 Sep 2017, 11:44 am
The decision essentially found that the executive branch had read an earlier order by the Supreme Court too narrowly both as to the travelers and refugees who could be excluded under the travel ban pending a Supreme Court decision on the merits. [read post]
14 Nov 2014, 12:57 pm
The Court of Appeal issues another published opinion, in the same case, on the same day, that addresses the merits. [read post]
13 Mar 2016, 12:46 am
First, an application is prepared and filed. [read post]
15 Dec 2016, 5:33 am
For example, what if the ICJ had decided South West Africa on the merits or had it not done so in Nicaragua? [read post]
29 Apr 2021, 9:00 am
The decision represents the first time an appellate court has had the opportunity to rule on the merits of the federal preemption defense raised by defendants. [read post]
21 Mar 2014, 12:24 pm
The COA denied leave "on the merits. [read post]
8 Mar 2019, 4:24 pm
Lemen (Cal. 2007) ("A preliminary injunction poses a danger that permanent injunctive relief does not; that potentially protected speech will be enjoined prior to an adjudication on the merits of the speaker's or publisher's First Amendment claims. [read post]
19 Jul 2021, 6:35 am
First, either chamber of Congress could exclude a member-elect as ineligible. [read post]
24 Sep 2012, 8:54 pm
And, at least on the legal merits, it was a dog of a case. [read post]
