Tag Archives: Merits

FDA Prevails in 10th Circuit Unapproved Morphine Sulfate Case; Court Does Not Reach Merits of Grandfather Claim

By Kurt R. Karst – In a decision handed down late last week by the U.S. Court of Appeals for the Tenth Circuit, a three-judge panel affirmed a November 2010 decision from the U.S. District Court for the District of … Continue reading

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In Granting Class Certification District Courts Must Consider the Merits of the Claims — Ellis v. Costco Wholesale Corp.

InEllis v. Costco Wholesale Corp., the district court certified a nation-wide class of female Costco employees in what amounted to a carbon copy of the Dukes case against Wal-Mart. The Ninth Circuit was therefore required to re-evaluate the certification decision … Continue reading

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Nonsuit as Loss on Merits in 19-Opinion Day for Texas Supreme Court

Talk about clearing a backlog. The Supreme Court of Texas issued rulings in 19 cases a day ago, setting a record for this year if not for all time. The oldest case, City of Dallas v. Albert, No. 07-0824 (Tex. … Continue reading

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Incorporation of a PSA into a divorce judgment with the understanding that the court took no testimony as to the merits of the settlement and makes no judgment with respect to it, except that the parties entered into it freely and voluntarily is the usual

Law Lessons from DEBRA NEWMAN v. LAURENCE S. NEWMAN, App. Div., A-4503-08T3, May 31, 2011: Incorporation of a PSA into a divorce judgment "with the understanding that the [c]ourt took no testimony as to the merits of the settlement and … Continue reading

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A court's review of a disciplinary arbitration award is limited and does not encompass consideration of the merits of the award or the penalty imposed

A court's review of a disciplinary arbitration award is limited and does not encompass consideration of the merits of the award or the penalty imposedMatter of State of New York v Civil Serv. Employees Assn., Inc., 2010 NY Slip Op … Continue reading

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