Tag Archives: precedent

DWD and LIRC continue to ignore court precedent on substantial fault

After the Supreme Court decision in Operton v. LIRC, 2017 WI 46, and an appeals court decision in Easterling v. LIRC, 2017 WI App 18, the Department of Workforce Development took no action to change its practices and follow these … Continue reading

Posted in Administrative law | Tagged , , , , , , | Leave a comment

FCOA Precedent Alert: Cook v. Wilkie (Can a veteran have more than one BVA hearing?)

What is the Deep Issue in the Case? 38 U.S.C. §7107(b) (2012) requires “[t]he Board shall decide any appeal only after affording the appellant an opportunity for a hearing.”  On remand from the Veterans Court, the veteran asked for a … Continue reading

Posted in Administrative law | Tagged , , , , , , , | Leave a comment

Sometimes you've just got to shrug and live with the precedent you've got

There comes a time in every teaching semester (usually very early on…) where you have to coax your students to be comfortable with courts contradicting each other. You have to teach them to distinguish the cases, to make sense of… … Continue reading

Posted in Business law | Tagged , , , , , | Leave a comment

In Munich iPhone case, Qualcomm wants thin air to infringe software patent claim limitations: dangerous precedent possible

The name of the game is the claim. There's no German equivalent, at least none that rhymes, but I vividly remember Quinn Emanuel's Dr. Marcus Grosch stressing this point when he was defending Motorola Mobility against Microsoft, particularly in the … Continue reading

Posted in Technology & Cyberlaw | Tagged , , , , , , , , , , , , , | Leave a comment

11th Circuit Affirms Order To Remove Cross From Park, But Expresses Disagreement Precedent

In Kondrat'Yev v. City of Pensacola, (11th Cir., Sept. 7, 2018), a 3-judge panel of the 11th Circuit Court of Appeals, feeling bound by prior 11th Circuit and Supreme Court precedent, affirmed a Florida district court's Establishment Clause decision ordering … Continue reading

Posted in Constitutional Law | Tagged , , , , , , , , , | Leave a comment