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2 Jan 2023, 5:47 am
As a general matter, the Fifth Circuit has determined that Rule 12(b)(6) motions to dismiss typically cannot be granted on affirmative defense grounds unless a successful affirmative defense appears clearly on the face of the pleadings. [read post]
16 Oct 2014, 8:33 am
§ 9003 (b), formerly cited as 42 USC § 11603 (b). [read post]
24 Oct 2019, 2:29 am
Frito-Lay North America, Inc., 2019 USPQ2d 401574 (W.D.N.C. 2019).The court observed that it must dismiss an action under FRCP 12(b)(3) if it determines at any time that it lacks subject matter jurisdiction. [read post]
27 Jan 2020, 7:56 am
In the last few years, tens of thousands of Americans suffering from non-Hodgkin's lymphomas after using the herbicide Roundup have decided to take their matter to court against the agrochemical giant Monsanto, presently owned by Bayer AG. [read post]
18 May 2012, 5:41 am
The truncated “nominal” claim defining the invention with bracketed elements A, B, C. [read post]
30 Jan 2023, 11:50 am
When asked by CNN what they intend to do with the “White Lives Matter” trademark, Ja stated, “we plan to do nothing. . . . [read post]
31 Aug 2015, 10:30 am
B&B Hardware, Inc., v. [read post]
2 Nov 2010, 6:00 am
A shareholder can also withhold authority by not signing a proxy card (although this would withhold authority to vote on all matters). [read post]
11 Aug 2023, 8:49 am
Matter of J-G-R- (1) Torturous conduct committed by a public official who is “acting in an official capacity,” meaning acting under color of law, is covered by the regulations implementing the Convention Against Torture, but such conduct by an official who is not acting in an official capacity is not covered. [read post]
14 Feb 2008, 9:51 am
This posting covers Links on the LawPundit Main Page : (2) (b) The Law Blogroll - B:Bag and Baggage by Denise M. [read post]
17 May 2024, 11:44 am
Matter of Furtado, 28 I&N Dec. 794 (BIA 2024) (1) A petitioner seeking approval of a Form I-130 for an adopted child from a country that is a party to the Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption, opened for signature May 29, 1993, S. [read post]
25 Jan 2012, 1:23 am
Rocket Matter, an online cloud computing system for law practice management, announced that their system has now been upgraded to include document assembly, unlimited custom fields, and other product improvements. [read post]
13 Dec 2011, 4:23 pm
The sober publication, Forbes, headlined its coverage of the Plan B matter this way: “Did the Obama Administration throw FDA under the Bus? [read post]
4 Jan 2011, 6:57 am
Federal Rule of Evidence 803(8)(B) provides an exception to the rule against hearsay for Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth...matters observed pursuant to duty imposed by law as to which... [read post]
12 Nov 2011, 6:53 am
ABSTRACT; In May 2011, in Matter of M-A-M, the Board of Immigration Appeals... [read post]
10 Jan 2012, 2:49 pm
Hoping to overcome the opposition of European regulators—and with a host of Am Law firms advising on various aspects of the matter—the NYSE and Deutsche Börse CEOs will reportedly meet in New York Wednesday to discuss what concessions they can make to win approval for their proposed tie-up. [read post]
18 Feb 2014, 8:06 am
How often do we see Rule 9(b) dismissals for this reason? [read post]
28 Feb 2017, 12:00 pm
I would be honored to help you with your matters – large or small. [read post]
14 Oct 2013, 3:38 pm
The court finds that there is no basis in the record to overturn the Family Court's credibility determination regarding the father's uncontroverted testimony, which is entitled to considerable deference on appeal based on Matter of Sadiq H., Matter of Andrew B. and Matter of Samantha B. [read post]
19 Dec 2011, 3:12 am
B.) [read post]
