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Skilled Searcher Test Allows Estoppel for Unknown References

Patently O

The court also addressed the burden of proof in estoppel cases, with the Federal Circuit holding that it lies with the party seeking the estoppel — a ruling that aligns with traditional practice and the best reading of the statute. In my view, this result better aligns with both tradition and the reading of the statute.

Diligence 113
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Justices will consider equitable tolling for a veteran suffering from PTSD

SCOTUSBlog

Arellano appealed, requesting that the timetable in the controlling statute, 38 U.S.C. Court of Appeals for the Federal Circuit, sitting en banc, unanimously found that equitable tolling is not available to Arellano, but was split on whether the statute could be equitably tolled. In Irwin v.

Statute 110
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Court blocks pathway for federal prisoners to raise legal innocence claims

SCOTUSBlog

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.”

Legal 138
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Tennessee Legal Malpractice Claim Filed Too Late

Day on Torts

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).

Legal 59
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The Essential Role of Paralegals: A Comprehensive Overview

Paralegal-Edu.Org

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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The ICJ’s Advisory Opinion on Climate Change: What Happens Now?

ClimateChange-ClimateLaw

The question put to the ICJ must be a legal question within the meaning of the Statute of the Court and the UN Charter as opposed to a political question. The advisory opinion could also rely on these decisions to explore the applicability of the no-harm principle and the related due diligence obligations in the context of climate change.

Diligence 145
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Pleading Infringement: Twombly does not Require Element-by-Element Infringement Pleading

Patently O

Barring unusual claim construction, an accused system cannot infringe both claims 2 and 3 since they are claimed in the alternative. A system comprising an authentication program stored in a first memory and a motherboard… The system of claim 1 where the first memory is located on the motherboard.

Court 124