SCOTUSBlog

OCTOBER 3, 2022

Yet, if a veteran fails to apply for those benefits within a year of discharge, they stand to lose thousands of dollars because the law currently does not permit equitable tolling – the doctrine that allows individuals, in some circumstances, to pursue a claim after a statutory deadline has expired. In Irwin v.

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Statute Government Court Diligence 110

Paralegal-Edu.Org

APRIL 26, 2024

Yet, behind every successful attorney stands a diligent and indispensable ally: the paralegal. Most, if not all, attorneys have paralegals, or someone that does all the work of a paralegal, without whom it would be extremely difficult to deliver legal services; as they do various jobs that make the law properly administered.

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Paralegal Paralegals Legal Assistant Legal Assistance 76

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. Although claim fluidity remains an integral principle in patent law, Sonos adds considerable viscosity to the practice.

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Diligence Technology Statute Drafting 125

Patently O

MAY 25, 2021

He authors a series linking law school canonical cases with intellectual property counterparts. 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approached, and I was crossing my fingers every day to hope that my new Civil Procedure book wasn’t going to become outdated less than six months after I bought it.

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Law School Laws Statute Diligence 120

Patently O

DECEMBER 8, 2023

Prosecution Laches: While agreeing Sonos diligently prosecuted its patents over 13 years, Judge Alsup still found unreasonable delay and prejudice to Google. Sonos will contend that prosecution laches should not apply given its diligence and the lack of improper motive or negligence.

Diligence 48

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. , 28-3-105.)

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Tort Statute Diligence Contract 59

Patently O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?): According to the Federal Circuit, US patent law contains separate and distinct written description and enablement requirements.

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Court Laws Manufacturing Statute 125

SCOTUSBlog

JUNE 23, 2023

Hendrix turns on the interpretation of the federal habeas statute, as amended by the Anti-Terrorism and Effective Death Penalty Act of 1996. The statute replaced the habeas remedy with the motion to vacate, unless the “remedy by motion is inadequate or ineffective to test the legality of [the prisoner’s] detention.”

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Legal Legal Court Statute 137

SCOTUSBlog

MAY 27, 2022

Convicted CEO asks justices whether Brady imposes a due diligence requirement on defendants. United States , the justices are asked to decide whether a due diligence requirement exists for defendants advancing claims under Brady v. Muslim prisoner argues that Georgia corrections’ limit on beard lengths violates his religious exercise.

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Diligence Government Statute Misdemeanor 81

SCOTUSBlog

APRIL 25, 2022

a North Dakota law firm, of intent to levy on Boechler’s property to satisfy a tax penalty. It held instead that the statute is not jurisdictional, and that equitable tolling is an available argument in Tax Court. The statute provides for jurisdiction over “such matter,” but does not say what “such matter” is.

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Statute Court Diligence Government 83

Conflict of Laws

MARCH 21, 2023

On February 23 rd and 24 th , 2023, young scholars came together at the Siegmund Freud University, Vienna, to discuss different views on private international law under the theme of “Deference to the foreign – empty phrase or guiding principle of private international law?”.

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Laws Family Law Legal Legal 52

Foley Hoag LLP

MARCH 11, 2022

policymakers with greater assurances that companies are taking concrete steps to eradicate forced labor where their supply chains directly involve workers’ inputs, but would also significantly increase their due diligence burdens. The legislation aims to provide U.S. The legislation would add to existing measures recently codified into U.S.

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Diligence Punitive Damages Manufacturing Statute 40

MyCase

APRIL 29, 2024

What Is the Role of AI in Law Today? Here’s how they’re using it: Legal research Document review Due diligence E-discovery While some lawyers enthusiastically embrace AI for its potential to enhance efficiency and accuracy, others remain cautious. However, it is reshaping traditional models of practicing law.

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Document Review Lawyer Lawyers eDiscovery 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. While defendant asserted that there was insufficient evidence to show that plaintiff did her due diligence, the Court disagreed.

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Compensatory Damages Punitive Damages Tort Diligence 59

Day on Torts

FEBRUARY 3, 2022

Defendant filed a motion to dismiss, asserting that plaintiff failed to file her complaint within the three-year statute of repose. Defendant filed a new motion to dismiss, asserting that plaintiffs’ various informed consent claims were barred by either the statute of repose or the statute of limitations.

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Statute Tort Court Diligence 59

Day on Torts

FEBRUARY 10, 2022

The trial court noted that “the facts regarding [defendant attorney’s] agreement to bifurcate damages were referenced in various motions leading up to the entry of final judgment,” and accordingly dismissed the action based on the statute of limitations. On appeal, dismissal was affirmed. internal citation omitted).

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Legal Legal Tort Statute 59

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

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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Court Rules Court Statute Litigation 84

Constitutional Law Reporter

FEBRUARY 16, 2023

In reaching its decision, the Court explained that equitable tolling “effectively extends an otherwise discrete limitations period set by Congress” when a litigant diligently pursues his rights but extraordinary circumstances prevent him from bringing a timely action. It also noted that pursuant to Irwin v.

Statute 52

Statute Diligence Court Constitutional Law 52

ClimateChange-ClimateLaw

MARCH 29, 2023

The requests are pending at the International Tribunal for the Law of the Sea (ITLOS ) and the Inter-American Court of Human Rights (IACtHR, see here for an initial analysis of the advisory opinion request). Both the science and law around climate change have progressed. But a lot has changed since then.

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Diligence Litigation Litigating Legal 145

SCOTUSBlog

JANUARY 11, 2022

It will also add to the court’s precedent on the interaction between the law of equity and the technicalities of federal statutes. Partly because of the circuit split and partly because of the statute’s lack of clarity, this could be a close case. Department of Veterans Affairs. How can the presumption be rebutted?

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Statute Law Firm Law Firms Government 90

Customs & International Trade Law

SEPTEMBER 30, 2023

The urgency for businesses to undertake appropriate human rights due diligence measures. Highlights: FMC names of non-compliant NVOCCs posted to FMC website Commission publishes update of its official case law reporter Cindy Hennigan named deputy managing director The U.S. Census Bureau The Census Bureau on Sept.

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Government Small Business Diligence Technology 104

Conflict of Laws

APRIL 29, 2024

During the last plenary meeting of the current composition of the European Parliament (before the elections of June 2024), which took place from Monday 22 until Thursday 24 April, several proposals relevant to private international law were put to a vote (see the full agenda of votes and debates ).

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Laws Diligence Statute Contract 67

Conflict of Laws

MARCH 2, 2024

It explicitly prohibited using mediation as a means of justice for such crimes, a notable departure from previous Spanish laws. The paper offers an in-depth analysis of the most recent literature and case-law on this instrument. Un’introduzione in chiave comparata ( Mechanisms of consensual justice in Brazilian procedural law.

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Family Law Procedural Law Laws Diligence 57

Patently O

SEPTEMBER 24, 2023

This underscores the importance of the non-movant diligently citing its best evidence of disputed facts when opposing summary judgment. .” Given this failure, the appellate court affirmed the dismissal based on the settlement agreement’s protections was warranted. consumer navigates to Siemens AG’s website.” offices, no U.S.

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Diligence Court Statute Technology 92

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

FDA Law Blog

MARCH 13, 2024

The PTE statute at 35 U.S.C. § 156(d)(2)(B)(i) specifies the PTO must “determine if the applicant acted with due diligence during the applicable regulatory review period.” . § 156(d)(2)(B)(i) specifies the PTO must “determine if the applicant acted with due diligence during the applicable regulatory review period.”

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Diligence Statute Entertainment Government 59

Broadcast Law Blog

AUGUST 23, 2022

At that point, the user often gets a quick education in the significant potential penalties they face from ignoring the law. And the writers of theatrical works are diligent in enforcing their copyrights. Rely on these exceptions only after careful study to make sure that all of the requirements of the statute are met.

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Education Diligence Statute Lawyer 59

Attorney at Work

JUNE 23, 2022

On January 27, 2017, five years from the filing of the complaint and 11 years after my failure to get the conflict waivers signed, I got a 60-day suspension from practicing law in the state of Iowa, effective immediately. Third, there may be no statute of limitations for these kinds of complaints. But my attorney was wrong.

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Attorney Legal Legal Diligence 122

LexForti

NOVEMBER 5, 2021

Maitreyi Choalla, a student of Gujarat National Law University explains the nuances of Amendment of Pleadings under Order VI, Rule 17 of Civil Procedure Code, 1908. In most cases, a country’s judicial system is designed to uphold the rule of law. Keywords- Amendment of Pleadings, Civil Procedure Code 1908. Introduction.

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Diligence Cause of Action Court Litigation 52

Customs & International Trade Law

SEPTEMBER 17, 2021

According to the State Department, Keysight cooperated in the investigation by submitting a voluntary disclosure that acknowledged the charged conduct, implemented remedial compliance measures, and signed a statute of limitations agreement tolling the statutory period. Associate Attorney of Diaz Trade Law, Sharath Patil , assists U.S.

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Technology Manufacturing Education Laws 98

Paralegal Bootcamp

AUGUST 11, 2022

It might have been double that, but I had a live webinar I was presenting to a law firm on billable hours. Paralegals have sharp research skills to look up case law, rules, regulations, statutes, and other information that would be relevant to representing a client. and I was in that rabbit hole for over an hour.

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Paralegal Paralegals eDiscovery Legal 130

Diane Drain

OCTOBER 29, 2020

The Arizona statute, which includes the conditions that must be complied with before the Sheriff will even schedule a Sheriff’s Execution Sale of a Homestead Residence, is set forth in full below: 33-1105. I know you think you can understand the law, but you can’t. Execution Sale date. LEGAL ANALYSIS. Conclusion.

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Real Estate Depositions Diligence Calendaring 197

LexForti

FEBRUARY 5, 2023

The court stated that the ineligibility shall be applicable from the date of submission of the resolution plan as made clear by the statute itself in the opening words of the provision. It was held by the Apex Court that RA does not have a vested right to have his plan be considered so a rejection by the RP cannot be challenged before the AA.

Court 52

Court Diligence Statute Laws 52

Patently O

FEBRUARY 8, 2022

patent laws. Rather than relying upon traditional judge-made principles of res judicata , Congress specified within the statute how estoppel works for IPR proceedings. On appeal, the Federal Circuit found the jury instructions appropriate. Of course, the devil is in the details with this sort of rule. ” 35 U.S.C. Broadcom Ltd.,

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Litigation Litigating Diligence Court 54

The Process Street

NOVEMBER 28, 2023

Applications of AI in law AI applications in law are wide-ranging and can include: Legal research and analysis AI-powered platforms can quickly scan and analyze large volumes of legal documents, statutes, case law, and regulations to provide relevant information and insights to lawyers and judges.

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Virtual Assistant Healthcare Entertainment Education 105

Foley Hoag LLP

JANUARY 28, 2022

If passed and signed into law, the Act would create significant reporting requirements related to environmental sustainability, social development (in particular worker rights), and ethical business (ESG) standards for retailers and manufacturers. On January 7, New York State Senator Alessandra Biaggi (D) and Assemblywoman Anna R.

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Diligence Manufacturing Attorney Drafting 40