JURIST

JULY 21, 2021

The US District Court for the Eastern District of Virginia on Friday granted Microsoft Corporation (Microsoft) a temporary restraining order (TRO) requiring domain registrars to disable service on the malicious “homoglyph” domains identified in Appendix A to Microsoft’s complaint. Microsoft confirmed receipt of the order on Monday.

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Court Diligence Statute Legal 118

SCOTUSBlog

APRIL 20, 2023

Transform Holdco LLC resolves a technical question of bankruptcy law, holding that courts should not treat as “jurisdictional” a provision limiting the relief available when an appellate court disagrees with a trial court order authorizing a sale of the bankrupt’s assets. Now we get to the issue before the court.

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SCOTUSBlog

OCTOBER 3, 2022

That may change after the Supreme Court hears Arellano v. Arellano appealed, requesting that the timetable in the controlling statute, 38 U.S.C. Equitable tolling allows courts, or in this case, an agency, to excuse missed deadlines in some circumstances. McDonough , which will be argued on Tuesday.

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Statute Government Court Diligence 110

Patently O

FEBRUARY 20, 2024

By Dennis Crouch and Timothy Knight* The Supreme Court is set to hear oral arguments on February 21 in an important copyright case – Warner Chappell Music v. ” Copyright’s statute of limitations bars claims not “commenced within three years after the claim accrued.” ” 17 U.S.C. § See Sohm v.

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Statute Diligence Court Laws 104

Day on Torts

FEBRUARY 3, 2022

Where the trial court did not provide sufficient reasoning in support of its dismissal of plaintiffs’ various HCLA and informed consent claims, summary judgment for defendants was vacated. Defendant filed a motion to dismiss, asserting that plaintiff failed to file her complaint within the three-year statute of repose. Gibson , No.

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Statute Tort Court Diligence 59

Patently O

OCTOBER 16, 2023

In Sonos , Judge Alsup found Sonos’s patents unenforceable due to prosecution laches, despite Sonos diligently prosecuting related applications for 13 years; serially filing a continuation with each allowance. However, the court found that diligence “does not render the delay any less unreasonable and inexcusable.

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SCOTUSBlog

MAY 27, 2022

In district court, Georgia corrections admitted that its policy substantially burdened Smith’s religious exercise, but it argued that various safety and security concerns justified its refusal to allow beards of any greater length. Court of Appeals for the 11th Circuit reversed , re-instating the half-inch limit. In Blankenship v.

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Diligence Government Statute Misdemeanor 82

Patently O

DECEMBER 8, 2023

To mount its appeal, Sonos has enlisted Supreme Court heavyweight Josh Rosenkranz, head of Orrick’s Supreme Court and Appellate practice alongside the trial team led by George Lee. Sonos will contend that prosecution laches should not apply given its diligence and the lack of improper motive or negligence.

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Diligence Statute Court Legal 48

Day on Torts

MAY 18, 2022

Plaintiff asserted various claims against defendants, including breach of contract, fraud, intentional misrepresentation, and negligence, all of which the trial court dismissed as untimely pursuant to the three-year statute of limitations applicable to claims of injuries to real property. In Simpkins v. John Maher Builders, Inc. ,

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Tort Statute Diligence Contract 59

Conflict of Laws

OCTOBER 25, 2023

An Ontology of the In-Between [18th Ernst Rabel Lecture, 2022] [OPEN ACCESS], 433–464, DOI: 10.1628/rabelsz-2023-0063 The conflict of laws can serve heuristically to underscore two established but radically opposing models of modernist legal ordering: multilateralism and statutism. Such a prism is helpful if we want to rethink (as we must!)

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Diligence Litigation Litigating Legal 57

Patently O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. A quick recap: Despite dozens of interesting and important cases, the Supreme Court denied all petitions for writ of certiorari for the 2021-2022 term. Wade was good law before being overturned by the Court last term. by Dennis Crouch.

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Court Laws Manufacturing Statute 125

SCOTUSBlog

APRIL 25, 2022

Tax Court has the power to excuse the missed deadline for equitable reasons, the Supreme Court ruled on Thursday in a unanimous decision. After the IRS Independent Office of Appeals sustained the levy, Boechler sent a petition one day late to request review in the Tax Court. The case, Boechler v. Department of Veterans Affairs.

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Statute Court Diligence Government 84

Paralegal-Edu.Org

APRIL 26, 2024

Yet, behind every successful attorney stands a diligent and indispensable ally: the paralegal. They may be involved in the research of case laws, statutes, or regulatory provisions and thereby display their proficiency in mining large legal repositories to dig out precedents, relevant statutes, and other important information.

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Paralegal Paralegals Legal Assistant Legal Assistance 76

Day on Torts

MARCH 30, 2021

Where the other driver in a car accident case died before suit was filed and the plaintiff failed to “timely file his tort action against the personal representative within the applicable statute of limitations,” summary judgment for the personal representative was affirmed. Luethke , No. E2020-00317-COA-R3-CV (Tenn. Code Ann. § Code Ann. §

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Statute Cause of Action Court Rules Diligence 59

Constitutional Law Reporter

FEBRUARY 16, 2023

Supreme Court issued its first opinion of the 2022-2023 Term. S. _ (2023), a unanimous Court held that the effective date of an award of service-related disability compensation to a veteran of the United States military determined pursuant to 38 U.S.C. §§ 5110(a)(1) and 5110(b)(1) is not subject to equitable tolling. In Arellano v.

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Statute Diligence Court Constitutional Law 52

Day on Torts

DECEMBER 5, 2022

Where there was material evidence to show that plaintiff met her required due diligence, the jury verdict for plaintiff on her intentional misrepresentation and fraud claim was affirmed. First, the Court of Appeals found that defendant waived his argument that the evidence supporting fraud was not legally sufficient.

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Compensatory Damages Punitive Damages Tort Diligence 59

Day on Torts

FEBRUARY 10, 2022

The trial court denied that motion and entered an award for the former employee on July 7, 2017. After this award was entered, County Attorney Robert Husker “began reviewing the court file and investigating the decisions made by [defendant attorney] during the trial.” On appeal, dismissal was affirmed. internal citation omitted).

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SCOTUSBlog

DECEMBER 3, 2021

Responding to a shocking pattern of self-dealing and mismanagement in employee pension plans, the statute federalized a great deal of the law governing those plans. Adopting a standard from the common law of trusts, ERISA obligates them to act with the “care, skill, prudence, and diligence [of] a prudent man [ sic ].”

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Diligence Statute Court Laws 113

Patently O

MAY 25, 2021

Crouch [1] diligently placed Ford on our class’s radar as the midterm approached, and I was crossing my fingers every day to hope that my new Civil Procedure book wasn’t going to become outdated less than six months after I bought it. Here, the court produces a lengthy quote from Ford , setting the scene for the examinations.

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Law School Laws Statute Diligence 120

Patently O

APRIL 20, 2021

The American Bar Association committee on professional ethics issues opinions on issues which, while not binding on any jurisdiction, often have sway over courts and bar associations in malpractice or disciplinary matters. By David Hricik, Mercer Law School. If you follow their guidance, you, in a sense, start off in safe harbor.

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Laws Document Management Statute Technology 67

ClimateChange-ClimateLaw

MARCH 29, 2023

Photo by Mathias Reding on Unsplash Climate change litigation has finally reached the world’s highest court. On March 29, 2023, the United Nations General Assembly (UNGA) adopted a resolution requesting an advisory opinion from the International Court of Justice (ICJ) on the obligations of States with respect to climate change.

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Diligence Litigation Litigating Legal 145

SCOTUSBlog

JANUARY 11, 2022

Commissioner of Internal Revenue will consider whether “equitable tolling” – which allows courts to excuse missed deadlines in some circumstances – is available for a statutory federal income tax deadline. Courts of Appeals for the 8th and 9th Circuits concluding that tolling is not available, and the U.S. The deadline was Aug.

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Statute Law Firm Law Firms Government 91

At the Lectern

MARCH 16, 2023

At yesterday’s Supreme Court conference , a double one, actions of note included: Court allows clemency for one, returns files to be redacted for four others. 2) May a superior court ever set pretrial bail above an arrestee’s ability to pay?” ” In its landmark In re Humphrey (2021) 11 Cal.5th Resentencing.

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Day on Torts

AUGUST 9, 2021

The trial court found, based on the testimony of the parties, that the purpose of the annuity was to ensure that the mother would eventually qualify for Medicaid benefits. After denying defendant’s motion for summary judgment, the trial court held a bench trial. In Pomeroy v. McGinnis , No. E2020-00960-COA-R3-CV (Tenn.

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Divorce Cause of Action Statute Diligence 59

Patently O

SEPTEMBER 24, 2023

The court also found no personal jurisdiction over Siemens AG. As such, the district court awarded summary judgment of no infringement based upon the license. ” Given this failure, the appellate court affirmed the dismissal based on the settlement agreement’s protections was warranted. 22, 2023).

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Diligence Court Statute Technology 92

Patently O

JULY 16, 2021

That approach was in place for a number of years and only began to crumble with the Supreme Court’s decision in Bell v. Element-by-Element Claim Analysis in Pleadings : Post- Iqbal , the courts have struggled with line-drawing-what quality of factual allegations are sufficient to survive the plausibility test. Iqbal , 556 U.S.

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Patently O

FEBRUARY 8, 2022

Here, the court makes clear that the scope estoppel is not tied to the grounds raised to in the IPR, but rather truly does extend to any ground “reasonably could have been included in the petition.” The Federal Circuit dismissed that argument out-of-hand with a direct quote from the Supreme Court. ” Id. patent laws.

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Litigation Litigating Diligence Court 54

InHouseBlog

JULY 29, 2023

Due Diligence. The next step is for the Buyer to do legal, accounting/financial and business due diligence on the Target. Business due diligence will typically include calls and possibly meetings between the Buyer and the Target’s key customers and suppliers, which will usually be arranged by the Target or its investment bank.

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Diligence Finance Contract Legal 75

LexForti

FEBRUARY 5, 2023

Ratio The court held that the provision should be interpreted to mean de facto position of the persons so as to include persons who are actually in control whether jointly or in concert. The court emphasised on this aspect to avoid letting persons who are in charge of the corporate debtor to regain control without paying off its debts.

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Court Diligence Statute Laws 52

LexForti

NOVEMBER 5, 2021

Concerns were brought to the Courts that such modifications or amendment of pleadings harmed the opposite party as well as slowed down the process of civil proceedings, resulting in piling up of cases. The principle followed in Civil Procedural Law is that the Court procedures and rules are designed to achieve substantial justice.

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Diligence Cause of Action Court Litigation 52

Conflict of Laws

MARCH 2, 2024

Recognising that courts may not be the optimal forum for conflict resolution in this domain, this academic contribution will question the effectiveness and challenges of existing mechanisms and discuss a proposal to introduce a professional mediator in the administrative proceeding. 222 of December 21, 2023, and No.

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Family Law Procedural Law Laws Diligence 57

Diane Drain

OCTOBER 29, 2020

Judgment Creditor obtains a Writ of General Execution from the Clerk of the Superior Court to direct the Sheriff of Maricopa County, Arizona (“Sheriff”), to schedule a Sheriff’s execution sale of the Homestead Residence. The Sheriff will mail a copy of the Notice of Sale to the Judgment Creditor well in advance of the Sheriff’s. Conclusion.

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Real Estate Depositions Diligence Calendaring 197

Attorney at Work

JUNE 23, 2022

My first knowledge that a complaint had been filed came by certified letter in 2012 — six years later — from the Iowa Supreme Court Client Security Board, which is charged with policing the professional interactions of Iowa’s 7,500 attorneys. Third, there may be no statute of limitations for these kinds of complaints.

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Conflict of Laws

MARCH 21, 2023

While previously, according to Kegel , connecting factors were understood to build upon certain generally neutral conflict-of-laws interests, cultural identity is becoming a relevant aspect of party interests, which she demonstrated with the help of different recent judgement of the German Federal Court of Justice.

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Laws Family Law Legal Legal 52

Paralegal Bootcamp

AUGUST 11, 2022

Paralegals have sharp research skills to look up case law, rules, regulations, statutes, and other information that would be relevant to representing a client. Paralegals are also good communicators as they are expected to communicate with attorneys, clients, witnesses, court personnel, and other professionals working in the legal profession.

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Paralegal Paralegals eDiscovery Legal 130

MyCase

AUGUST 31, 2023

Scheduling and Diligence Rule 1.3 of the Model Rules states: “a lawyer shall act with reasonable diligence in promptness in representing a client.” In other words, a lawyer must, to the best of their ability, follow up on communication, schedule hearings, prepare paperwork, and other tasks related to a client’s case in a timely manner.

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JonathanTurley

MARCH 24, 2022

Indeed, it was treated as racist to even note that Jackson’s record does not offer a clear judicial philosophy on the interpretation of the Constitution or statutes. I not only raised the record solely in terms of her judicial philosophy but previously discussed in writing and on television Jackson’s experience on the court.

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