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9 May 2023, 5:00 am
It didn’t help her position that the mom admitted to the caseworker that she "’kicked [the child's] ass,’ that she was not going to let the child ‘run over her,’ and that she was not going to let him think that she was ‘a little bitch. [read post]
6 Aug 2023, 11:00 pm
T. [read post]
9 Nov 2023, 1:00 am
”Why doesn’t Colorado care for community-based care? [read post]
20 Feb 2024, 4:00 am
And, as for its legal sufficiency, the appellate court concluded that the notice set forth the requisite factual specificity which “allowed tenants to prepare a defense,” and that it otherwise met the requirements of the Rent Stabilization Code.The AT1 noted that the argument that the landlord had waived the termination, by the subsequent acceptance of rent, was contradicted by the tenants’ in-court admission that post-termination rent checks had been returned by the owner.And, as… [read post]
2 Oct 2023, 11:00 pm
A NEW MERITS ANALYSIS WASN’T PERMITTEDBack in 2019, when the Nassau County Sheriff issued an order which provided that “adolescent offenders” be transported by non-union members, the Nassau County Sheriff's Correction Officers Benevolent Association, Inc., objected, claiming that its collective bargaining agreement called for its members to undertake that task.Within the context of arbitration, on October 11, 2019, an arbitrator determined that union members did not… [read post]
31 Aug 2023, 11:00 pm
POST-NUP WASN’T LEGALLY ENFORCEABLEIn a matrimonial case, the parties presented the court with a 1964 agreement which provided that the couple would not share assets if they were to later divorce, conditioned upon the husband transferring all of his shares of stock in a certain corporate entity to their son.In 2018, when she filed for divorce, the wife claimed the writing was not a legally enforceable “postnuptial agreement,” while the husband countered that it was valid… [read post]
25 Sep 2013, 6:00 am
When there are a limited number of ways to express something -- for example how to search eBay for a brand of t-shirt -- copyright law permits a liberal amount of copying (this rule is known as the "merger doctrine"). [read post]
16 Jul 2024, 11:00 pm
While FHO maintained that the documents didn’t support the claims being asserted, it inexplicably “failed to submit the leases, or any other documentary evidence, with its moving papers. [read post]
8 Aug 2024, 11:00 pm
SHOULD HAVE CONDUCTED AN “IN CAMERA INTERVIEW”Upon the parents advising a Queens County Family Court judge that they had reached a settlement which allowed a father to have “supervised” and “therapeutic” access to his kid, modifiable at a later time (subject to the parties’ agreement), the child’s attorney objected to the arrangement, citing the youngster desire to not have any contact with the dad.Notwithstanding that information, the judge approved… [read post]
24 May 2011, 3:01 pm
This way of proceeding is stipulated both in Legal Advice n° 15/05 and in the Guidelines (C-VI 4.1) and is based on the case law of the Boards of appeal (T 1181/04, T 1255/04). [read post]
30 Jul 2019, 11:35 am
[contact-form-7]Contact UsShow less James T. [read post]
19 Sep 2010, 3:01 pm
Therefore, he always knows whether he was within our outside the claimed domain of protection.This is why the present case is not comparable with the problems which T 256/87 and T 252/02 had to deal with. [read post]
25 May 2011, 3:01 pm
T 198/84) requires that the following criteria be taken into consideration: the selected sub-range has to be (a) narrow, which is doubtlessly the case here (20 nm) and (b) sufficiently far removed from the known boundary values and examples, respectively, which is also the case here. [read post]
21 Feb 2012, 5:01 pm
As foreseen by Article 15(3) RPBA, the absent appellant was treated as relying only on his written case and the issuance of the decision was not delayed due to his absence at the OPs. [4.2] In advance of the OPs the appellant requested that he be contacted by telephone should neither of the requests on file be considered to be substantially allowable “such that an allowable set of claims may be prepared before the date of the OPs”. [4.3] Whilst A 116(1) foresees a fundamental right to… [read post]
30 Jul 2019, 11:35 am
[contact-form-7]Contact UsShow less James T. [read post]
9 Feb 2011, 3:00 pm
T 714/98 [2.2]). [read post]
21 Feb 2011, 3:01 pm
Therefore, the ED’s objections of lack of novelty and inventive step are not tenable. [12] The finding in point 11 above, first half-sentence, is in line with the reasoning in two decisions issued after the decision under appeal was taken, i.e. decision T 80/05 [37] and T 666/05 [40]. [read post]
3 Jul 2010, 11:01 am
If it is implicit, it has to be clearly confirmed by the proprietor’s behaviour (for an illustration of this principle applying to various kinds of rights, see J 11/87 [3.6], J 7/87 [6], J 11/94, T 942/01 [1.3] and T 344/02 [2]).In the present case, the patent proprietor has never given the impression that it abandoned this request. [read post]
28 Sep 2011, 5:01 pm
In this context he referred to the decision T 578/06 [21], which indicates that the burden of proof for an allegation lies with the person raising that allegation. [4.1.1] The board observes in this context that the prior art described in the application which is at issue is specified in the application as being the MPEG2-AAC standard defined in ISO/IEC 13818-7. [read post]
15 Jul 2012, 5:01 pm
As follows from the above cited case law of the Boards of appeal, the appeal proceedings are not a continuation of the first instance examination proceedings.[4.6] Moreover, it has to be noted that – in contrast to the subject-matter of auxiliary request 2 – the other requests filed together with the statement of grounds of appeal were not objectionable regarding their admissibility because the subject-matter claimed therein – with the exception of a few required clarifications or… [read post]
