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30 Nov 2011, 2:18 pm by Laura Orr
(We're also updating our NOT Online list so feel free to check that out. [read post]
19 Mar 2012, 3:51 am by Madeleine Reardon, 1 Kings Bench Walk.
On the one hand it is a re-statement of the Re E message, that objective risk is not a sine qua non for an Article 13(b) defence if the abductor’s state of mind is such that this itself will put the child at risk of harm. [read post]
5 Sep 2007, 1:33 pm
Cir. 2007), evidence "that the prior art teaches away from the claimed invention in any material respect," In re Peterson, 315 F.3d 1325, 1331 (Fed. [read post]
19 Dec 2011, 9:45 pm by WOLFGANG DEMINO
     RES JUDICATA      Res judicata prevents parties and those in privity with them from relitigating a case that a competent tribunal has adjudicated to finality. [read post]
2 Apr 2013, 4:22 am
But in the absence of a clear statement in the order, under Rule 41(b), the dismissal is presumed to have been made "upon the merits." [read post]
18 Jul 2010, 5:39 pm by Steve Baird
As you may recall, back in October, Randall Hull of The Br@nd Ranch® wrote about the Brinks Home Security re-brand to Broadview Security, in his post Will Any Old B-Word Do? [read post]
1 Jun 2007, 3:38 am
Daw, 201 F.3d 521, 525 n. 2 (4th Cir.2000) (stating that under Rule 41(b) a dismissal under Rule 12(b)(6) is a final judgment on the merits for purposes of res judicata ).The second element of res judicata requires "[t] he determination of whether two suits arise out of the same cause of action[;]" that determination "does not turn on whether the claims asserted are identical. [read post]
10 Dec 2014, 2:20 am by Walter Olson
” [James Lemonedes, Above the Law] Tweet Tags: Harvard, restaurantsHarvard B-school prof wages war against Chinese restaurant is a post from Overlawyered - Chronicling the high cost of our legal system [read post]
27 Jun 2015, 3:51 am by Daily Record Staff
Did the juvenile court abuse its discretion in committing Augustine to a “Level B,” staff-secure inpatient facility after Augustine violated his probation? [read post]
5 Oct 2021, 5:15 pm by Lesley Fraser
Elles craignaient que ces mesures The post Des fondations québécoises s’engagent à réduire leur empreinte en matière d’inégalités appeared first on The Philanthropist Journal. [read post]
8 Apr 2009, 1:57 pm
I understand that this is a dependency case, in which we're (sadly) used to seeing some pretty atrocious facts. [read post]
4 Feb 2019, 9:59 pm by Patent Docs
Patent Nos. 6,656,702 ("Yugawa A") and 6,059,946 ("Yugawa B"). [read post]
11 Dec 2017, 10:37 pm by Patent Docs
§ 1400(b), "refers only to the State of incorporation" of the alleged infringer. [read post]
3 Nov 2015, 1:15 pm
 At which Robert has earned a B+ and B- grade point average, respectively.If you're able to graduate from college -- and fairly good ones, at that -- and are still unable to support yourself, that says something. [read post]
10 Jan 2017, 9:31 am by Wolfgang Demino
EFFECT OF RES JUDICATA WHEN PROPERLY ASSERTED AS AFFIRMATIVE DEFENSE Res judicata bars claims that were brought, or could have been brought, in an earlier lawsuit that resulted in a final judgment on the merits. [read post]