Posts tagged with: "Appeals"
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27 Feb 2024, 3:43 am
” appeared first on How Appealing. [read post]
27 Feb 2024, 3:34 am
The Court of Appeals for the Federal Circuit and Trademark Trial and Appeal Board have long recognized that "the PTO is an agency of limited resources" for obtaining evidence when examining applications for registration; the practicalities of these limited resources are routinely taken into account when reviewing a trademark examining attorney’s action. [read post]
27 Feb 2024, 12:50 am
There was therefore no insurance code or fund agreed in the voyage charter, so the appeal failed. [read post]
27 Feb 2024, 12:12 am
This was important as the franchisees had a pending application for leave to appeal in respect of the interdict and therefore, this would have bearing on the operation of the interdict pending the appeal. [read post]
26 Feb 2024, 10:00 pm
” And when the operator of the school sought to have the claims asserted against it thrown out, the court granted that request.On appeal, the Appellate Division, Second Department, reiterated established law that when pleadings are subject to attack, by way of a motion to dismiss, the underyling allegations are typically accepted as true, with the court’s analysis focused on whether cognizable legal claims have been asserted. [read post]
26 Feb 2024, 10:00 pm
Motion to Compel Discovery: Making the Motion and Appealing an Adverse Ruling (Federal) Look to our federal expert Jim Wagstaffe for tips on moving to compel discovery in federal court. [read post]
26 Feb 2024, 10:00 pm
Court of Appeals for the Second Circuit revived litigation in the Madoff case filed by the trustee seeking to recover hundreds of millions of dollars in allegedly fraudulent transfers made to former Madoff Inv. [read post]
26 Feb 2024, 9:15 pm
The National Association of Manufacturers is considering an appeal of this decision. [read post]
26 Feb 2024, 9:01 pm
Predictably, the lawsuit failed, with the majority opinion of the New York Court of Appeals expressing a fear of zero-sum consequences of extending rights to any nonhuman animals. [read post]
26 Feb 2024, 8:58 pm
” appeared first on How Appealing. [read post]
26 Feb 2024, 8:55 pm
Until recently, the court decisions have come down in favor of stripping gun rights from those who are drug users in violation of the Controlled Substances Act, but in light of new Supreme Court and Courts of Appeals decisions the way we view cannabis users’ rights should be changed. [read post]
26 Feb 2024, 8:48 pm
” The post “Supreme Court Seems Wary of State Laws Regulating Social Media Platforms; The tech industry argues that laws in Florida and Texas, prompted by conservative complaints about censorship, violate the First Amendment; The court’s decision could fundamentally alter the nature of speech on the internet” appeared first on How Appealing. [read post]
26 Feb 2024, 6:44 pm
Appeals received: 2044, nearly the same as in FY2022 (2048)Appeals processed: 2126, the same number as FY2022 (2126)Backlogged appeals: 240, a 25 percent decrease from FY2022 (321).Total costs: $111,990,580, with $93.32 million in administrative costs and $18.66 million in litigation costs. [read post]
26 Feb 2024, 4:58 pm
As the Court of Appeal has previously emphasised, judges are tasked with meticulously weighing the competing public interest factors at play on the particular circumstances before them. [read post]
26 Feb 2024, 4:46 pm
Court of Appeals for the 5th Circuit upheld the Texas law. [read post]
26 Feb 2024, 4:06 pm
Do not, under any circumstances, do what the party did here, which was to elect against filing a writ, wait to see if they win at the bench trial anyway, and if they lose, then file an appeal asserting an erroneous denial of your request for a discretionary waiver.The California Supreme Court holds that, at that point, you've got to affirmatively show prejudice -- i.e., that the result would have been different if the case was resolved by a jury instead of a judge. [read post]
26 Feb 2024, 2:45 pm
The United States Court of Appeals for the Ninth Circuit reversed and remanded a case involving the right to name a horse Plaintiffs Jerry Jamgotchian and Theta Holdings I (collectively, Jamgotchian) own a thoroughbred racehorse named Malpractice Meuser. [read post]
26 Feb 2024, 2:37 pm
The court of appeals agreed that the New York law was preempted, reasoning that the statute significantly interferes with the bank’s activities because it “would exert control” over the bank’s power to hold escrow accounts. [read post]
26 Feb 2024, 2:27 pm
A Judicial Reference comes with a procedural advantage that arbitration cannot match: the right to appeal. [read post]
26 Feb 2024, 2:15 pm
Court of Appeals for the Federal Circuit issued a precedential decision in Freshub, Ltd. v. [read post]
