Tag Archives: Doctrine

Layers of Doctrine with a Faulty Claim Construction at the Core

by Dennis Crouch D Three Enterprises v. SunModo Corp. (Fed. Cir. 2018) Reading this decision feels akin to slowly peeling off the layers of an onion – hoping to reach some prize at the core but only reaching a rotten … Continue reading

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Section 1983 in Federal Court: An Introduction to the Rooker-Feldman Doctrine

Federal Courts Do Not Have Appellate Jurisdiction Over State Court Judgments Despite the broad grants to federal courts of jurisdiction over section 1983 claims by 28 U.S.C. §§1331 and 1343, there are circumstances where federal jurisdiction over such claims is … Continue reading

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Statute v. Constitution as IP Limiting Doctrine

In his forthcoming article, "Paths or Fences: Patents, Copyrights, and the Constitution," Derek Bambauer (Arizona), notices (and provides some data to support) a discrepancy in how boundary and limiting issues are handled in patent and copyright. He notes that, for … Continue reading

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Missouri Preneed Examinations: The Doctrine of Semi-Absurd Statutory Construction

Missouri funeral homes are frustrated with the State Board of Embalmers and Funeral Directors.  The second round of preneed examinations has begun, and the Board’s staff is citing sellers for “new” contract form violations on “old” contracts.  Examiners are reviewing … Continue reading

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Supreme Court correctly applied the Doctrine of Collateral Estoppel to the hearing officer's determinations as to the reasons for the employee's termination

Supreme Court correctly applied the Doctrine of Collateral Estoppel to the hearing officer's determinations as to the reasons for the employee's terminationThe Appellate Division ruled that the New York State Department of Education's hearing officer's determination established that the reasons … Continue reading

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