Other provisions of the law result in countless prisoner lawsuits being thrown out for reasons completely unrelated to the merits of the litigation.
"Unless there is a comfort level on the merits of the litigation with a meaningful indemnification, any prospective buyer and lender would have to think long and hard about moving forward with this purchase".
Mediation is a confidential process, and I do not intend to make any public or private comments on the merits of the litigation, the negotiating positions of the parties, the individuals involved in the negotiations or the content of any of the communications between the parties' mediation teams and myself.
"I think by the end of the year, everyone's going to have a better idea what the merits of this litigation are and where it's going," Birnbaum says.
The food companies counter that the suits are without merit, another example of litigation gone wild and driven largely by the lawyers' financial motivations.
He warned that these were an enormous incentive to newspapers to buy out of litigation, regardless of the merits of the case.
To make sure Section 285 is implemented with appropriate vigor, judges must look more closely for signs that a patent lawsuit was pursued primarily to take improper advantage of a defendant — that is, using the threat of litigation cost, rather than the merits of a claim, to bully a defendant into settling.
The parties are now moving on to the fast-track litigation on the merits of the rule, as the Court scheduled oral arguments for June 2 , 2016
Both merited praise for ending a brutal campaign and a harsh period of litigation on a civil note.
After years of litigation, the 9th circuit court dismissed the case on its merits in 2012.
Although the case is at an early stage of litigation, the judge ruled that Hercules Industries, Inc., would likely succeed on the merits of its assertion that such a requirement substantially burdens its "exercise of religion".
