Patent Appeals Board's Constitutionality Targeted in Federal Circuit Sep 3, 2008
DBC's lawyers, including Lawrence Jarvis of McAndrews, Held & Malloy, did not immediately know about Translogic's petition -- and the general issue -- when DBC filed a reply brief in May in its challenge of a patent appeals board decision ... "The rule against considering late-raised claims should apply with particular force here, where DBC failed not only to raise the issue before the board but also in its opening brief or reply brief before this court," Corkran wrote in a brief in August. (Law.com)
Lawyer Wins Lengthy Fee Fight With Former Client at Texas Supreme Court Jul 19, 2008
Sacks also filed a reply brief that responded to the opponent in the landlord-tenant dispute and sent Haden an invoice showing $40,304 in total charges but giving Haden credit for the $5,000 retainer fee. While the invoice indicated an outstanding balance of $35,304, Haden paid only an additional $5,000. (Law.com)
Amish farmer may get national legal help in permit case Jul 18, 2008
The town filed its reply brief against the intervention of the Committee on July 10. The big issue is a noncompliant residence in the town of Albion, Millis said. (La Crosse Tribune, WI)
Pa. High Court to Hear Appeal in High-Profile Kia Class Action Jul 16, 2008
The plaintiffs' reply brief on the merits of the case reported that Pennsylvania courts have "distinguished themselves by rejecting sweetheart settlements coveted by corporate defendants and accepted by accommodating plaintiffs attorneys" like the $62,925 settlement paid to consumers who purchased Sephias in the 47 states besides Florida, and Pennsylvania where the plaintiffs attorneys are litigating parallel class actions against Kia. Plaintiffs attorney Michael D. Donovan of said his... (Law.com)
McCarron seeks relief from appellate court Jun 18, 2008
Tazewell County must send a report by to the appellate court by July 2; the trial transcript must be received by the appellate court by July 16; McCarron's brief must be filed with the appellate court by Aug. 20; the court that ruled against McCarron must file its brief with the appellate court by Sept. 24; and McCarron's reply brief must be to the court by Oct. 8. The dates could change if extensions are granted. (Pekin Times, IL)
Polk County files response in same-sex marriage case May 22, 2008
In its reply brief filed on Tuesday, the county attorney's office said that Lambda Legal seeks to have the judicial branch set public policy, instead of leaving it to lawmakers. "Plaintiffs seek to have this court establish that the courts and not the Legislature should make public policy for the State of Iowa by redefining marriage to be something totally different from what it has ever seen," the brief said. (Sioux City Journal, IO)
COURT OPINION: Read the rulingss May 20, 2008
We need not decide this question today, however, for Kentucky has not argued that Pike is irrelevant, see Reply Brief for Petitioners 2, n. 1, and even on the assumption that a Pike examination might generally be in order in this type of case, the current record and scholarly material convince us that the Judicial Branch is not institutionally suited to draw reliable conclusions of the kind that would be necessary for the Davises to satisfy a Pike burden in this particular case. The... (USA Today -- Money)
Man wants new trial in alleged abuse at Boys Town May 16, 2008
In a reply brief, Boys Town attorney James Martin Davis said Sturzenegger hated Boys Town and would do anything to get out, disliked Moore because he was black, and suffered from an anti-social personality disorder. Davis said that in the absence of other evidence, Sturzenegger's character was central to the case. (Sioux City Journal, IO)
Bias Plaintiff Says Lawyer Sell-Out Warrants Vacating of Arbitration Apr 8, 2008
Noting that Prudential had not had a chance to respond to the new argument in Guyden's reply brief, Hayden denied the original motion to vacate without prejudice and gave Guyden until April 7 to refile the motion with all arguments. Guyden did so on Wednesday, and Prudential has until April 21 to respond. (Law.com)
AG: Fiske sentence fair Jan 18, 2008
Hotsenpiller said he expects to file a reply brief to Gillespie s argument in about a month and at that time, would request an oral argument before the court of appeals. Copyright. (Montrose Daily Press, CO)
Bush Administration's Illegal Rule Makes Roads Less Safe, Court Told Jan 11, 2008
"This hours-of-service rule is as lawless as opening the border to unsafe Mexican trucks, but they just don't think the law applies to them. "People are dying on the highway because FMCSA is more concerned about making its corporate bosses happy than it is about making our highways safe," Hoffa said. The reply brief filed on Thursday refutes FMCSA's argument that the rule has improved highway safety. The percentage of fatal crashes that result from driver fatigue rose 20 percent from 2004 to... (PR Newswire)
Barnes allies acquire new attorney Jan 3, 2008
"I look forward to working with Howard to produce a reply brief that will overcome the objections raised by the Barnes Foundation." "If we can get beyond those technical objections, we have a very compelling position on the merits," he said. Bashman, who specializes in appellate litigation, earned his law degree from Emory University School of Law in 1989. (Springfield Sun, PA)
Microsoft's Antitrust Expiration Date Delayed Nov 2, 2007
"The DoJ, which filed a brief on Friday stating that the decree should not be extended, has until November 9 to file its brief explaining why it s taken that position, while the states seeking an extension have until November 16 to file their reply brief," Evans' statement continued. The judge will then decide whether or not to hold another hearing. (SmallBusinessComputing)
Tax amendment faces Tuesday deadline (5:59 am) Oct 25, 2007
Briefs shall be filed as follows: Appellant/Cross-Appellees initial brief on the merits shall be filed on or before 5:00 p.m., October 30, 2007; Appellee/Cross-Appellants answer/cross-initial brief on the merits shall be filed on or before 5:00 p.m., November 6, 2007; Appellant/Cross-Appellees reply/cross-answer brief shall be filed on or before 3:00 p.m., November 9, 2007; and Appellee/Cross-Appellants cross reply brief shall be filed on or before 3:00 p.m., Wednesday, November 14, 2007.... (Pensacola News Journal)
ATA Response to Public Citizen Filing on Hours of Service Sep 29, 2007
The ATA reply brief completes the briefing process, making a decision on the motion ripe at any time. The Court is under no time limit to decide, but a decision is expected in the next few weeks. (PR Newswire)
Behind the prosecution of Don Siegelman, former governor of Alabama Sep 12, 2007
"I think the government reply brief demolishes Siegelman's legal argument on the current case law," said Gillers. Nonetheless, Democrats are planning to conduct hearings on the case as part of a wide-ranging look at other possibly political prosecutions elsewhere. (International Herald Tribune)
Lawyer calls Dulin victim a 'vixen' Aug 31, 2007
State s Attorney Kevin Lawlor, who is prosecuting the case, said he may file a reply brief before Dulin is sentenced. But he said Wednesday that Dulin "was the adult" and that there is ample evidence to support the charges for which he was convicted. (New Haven Register, CT)
Claims evidence in video 'much ado about nothing' Jul 17, 2007
Longtime Clinton attorney David Kendall filed a reply brief to the submission of the video evidence, contending, "To the extent that it is authentic, the videotape shows that Senator Clinton is gracious to her supporters, that she has a sense of humor, and nothing more." ... In his reply brief, Kendall argues the purpose of section 441 is to "limit disguised contributions, expenditures made by an individual with a 'wink or nod' to a political candidate, which often will be as useful to the... (WorldNetDaily)
Judge Denies Players Motion for Summary Judgment against WPT Enterprises in Antitrust Lawsuit Jun 1, 2007
WPTE filed an Opposition to Plaintiffs' Motion on April 12, 2007, to which the plaintiffs filed a Reply Brief. After review of the parties' submissions, as well as the arguments advanced by counsel at a hearing on May 14, the court on May 22nd denied the plaintiffs' Motion for Summary Judgment. (Yahoo! Wire -- Entertainment News)
Senate chiefs face ethics complaints May 11, 2007
D'Arezzo said she will file a reply brief explaining why the request for a jury should be denied. "We are a constitutional entity," she said of the commission, "We have the power to adjudicate." The complaint against Irons, filed by the watchdog group Operation Clean Government, charges that he helped kill Pharmacy Freedom of Choice legislation -- which would have ended the practice of Blue Cross requiring its subscribers to use only certain pharmacies to fill prescriptions -- while receiving... (Pawtucket Times, RI)
Making a big decision Mar 26, 2007
After Wednesday's day-long presentations, Callahan also will give each party a chance to submit a final, hort reply brief, to address any questions that come up during the closing arguments. And then they'll be asked to submit what they believe should be the facts and legal conclusions that should control the final judgment. (Jefferson City News Tribune, MO)
Does the prospect of arranged marriage and abuse warrant asylum in the US? Mar 23, 2007
"We went over to Iraq to try to bring democracy to people, and we can't even offer a woman being sold into slavery asylum?" asks Carole Neville, a New York lawyer preparing Gao's reply brief to the Supreme Court. Page 1. (Christian Science Monitor -- USA)
Dog-Mauling Case Hits Calif. High Court Mar 3, 2007
"Death and great bodily injury are most assuredly not one and the same thing," Riordan states in his reply brief. Knoller reportedly moved to Florida after being released from prison in 2004 after serving two years. (Law.com)
June 21 hearing set in Barrett appeal Mar 3, 2007
The last of the expected preliminary court documents for his appeal was filed Feb. 21, with Barrett's reply brief. Barrett was convicted by a federal jury in November 2005 for the death of OHP Trooper David "Rocky" Eales, who, along with another trooper, was shot while attempting to serve a night-time drug search warrant at Barrett's rural home northwest of Sallisaw. (Sallisaw Sequoyah County Times, OK)
'Suvivor' appeals tax conviction Dec 9, 2006
A spokesman for the U.S. attorney's office said the government would file a reply brief in the coming weeks. Hatch was convicted last January of failing to pay taxes on his "Survivor" prize and other income. (CNN -- Law)
"Survivor" winner Richard Hatch appeals his conviction Dec 8, 2006
Thomas Connell, a spokesman for the U.S. Attorney's office, said the government would file a reply brief soon. Date of Publication: December 07, 2006 on Page. (The Standard-Times, MA)
Hatch's appeal Dec 8, 2006
A spokesman for the U.S. attorneys office said the government would file a reply brief in the coming weeks. RELATED STORIES. (MSNBC -- News)
'Survivor' winner appeals tax sentence Dec 8, 2006
A spokesman for the U.S. attorney's office said the government would file a reply brief in the coming weeks. Hatch was convicted last January of failing to pay taxes on his ``Survivor" prize and other income. The appeal seeks to have all the convictions overturned. > Advertisement < | | | | | | | | | | | | Legal Notice: Copyright Toronto Star Newspapers Limited. All rights reserved. Distribution, transmission or republication of any material from is strictly prohibited without the prior written... (Toronto Star -- Arts)
Bennett: Honoring Mumia Nov 22, 2006
On October 23, attorney Robert R. Bryan (attorney for death-row prisoner Mumia Abu-Jamal) filed the 4th Step Reply Brief with the U.S. Court of Appeals for the Third Circuit, Philadelphia. Because this should be the last round of reply briefs, Bryan estimates that the public hearing of arguments should begin within three months. (Zmag.org)
US argues harsh treatment shouldn't undercut Padilla case Nov 16, 2006
At issue in the defense motion and the prosecutor's reply brief is what standard the court should apply in assessing whether the government acted so outrageously in its treatment of Padilla that the case must be dismissed. While the facts of Padilla's harsh treatment (if accurate) favor the defense, existing legal precedents favor the government. (Christian Science Monitor)
Update: Siegelman/Scrushy Hearing: Point-Counterpoint; Parkman Stuck in L.A. Oct 31, 2006
Siegelman reply brief at 1-2 ... Scrushy reply brief at 2 ... Siegelman reply brief at 2-3. (WSJA.com, AL)
Judge Orders Tuesday Hearing on Possible Contact with Juror in Siegelman-Scrushy Case Oct 26, 2006
Scrushy attorney Art Leach, as is customary, is reserving any comment for the courtroom, but in his reply brief to the government response concerning the defendants' joint motion for new trial, Leach had the following to say. "Should this Court have any questions regarding the authenticity of affidavits, then Defendant Scrushy joins with the Government in its suggestion, that this Court should hold a hearing into the authenticity of the affidavits and whether the Government's accusations -... (WSJA.com, AL)
PIA Asks U.S. District Court to Delay Approval of Class Settlement Involving Insurers Oct 13, 2006
In a reply brief filed with the Court on October 6, 2006, PIA National answered the objections of ten state Attorneys General who are formally opposing PIA's effort to get the Court to consider its brief of amicus curiae that the association filed on September 15, 2006 ... Arguments filed on September 26, 2006 by the Attorneys General asking that the Court deny PIA's request to file the amicus brief "lack merit and appear designed to evade PIA's legitimate concerns," according to the PIA reply... (PR Newswire)
The Seven-Year War: Former Clients to Continue Fighting Firm Over Legal Fees Sep 19, 2006
In December 1997, the firm filed Haden's reply brief with the 5th Circuit and sent him an invoice showing $32,259 owed for the initial brief and an additional $3,045 for the firm's work on the reply brief, according to the opinion ... The Sacks firm alleged in its reply brief to the 1st Court that a week after his personal bankruptcy case was dismissed, Haden filed for Chapter 11 protection for his company, claiming the exact same assets as he claimed in his personal bankruptcy. (Law.com)
Defense Replies Due by Midnight Friday in Scrushy/Siegelman Case Aug 25, 2006
"All the arguments that they've (the government) asserted are somewhat familiar based on what we heard during the course of the trial and we're going to have basic legal disputes over what the law requires and what it doesn't require and we expect to clarify it as much as can possibly be done in our reply brief.". "The Supreme Court in a series of cases, but McCormick being the one that is most prominent, has said that because our political system runs on private campaign contributions the... (WSJA.com, AL)
55-year sentence sparks fight Aug 13, 2006
"Mandatory minimums make prosecutors the real sentencers in the federal system," Luna said, "and convert trial judges into notaries in black robes." Recently the Supreme Court requested a reply brief from the U.S. Solicitor General's Office. Such a move does not mean the court will grant a hearing in the case but is an indication that at least some of the justices are interested in the issue. (Deseret News)
"Alabama Justices Surrender to Judicial Activism":</strong Jan 7, 2006
"Government renews Padilla plea": At "SCOTUSblog," Lyle Denniston has that begins, "The Justice Department on Tuesday renewed its plea to the Supreme Court to order the prompt release of terrorism suspect Jose Padilla from military custody, and once more argued that his appeal to the Supreme Court is a dead issue, legally." You can access the Solicitor General's "Reply Brief in Support of the Government's Application Respecting the Custody and Transfer of Jose Padilla," filed today in the , at.... (Blawg)
