Knowles and MEMSTech in MEMS Microphone Patent Dispute Nov 12, 2008
According to AAC's website, the court subsequently denied Knowles motion for a preliminary injunction seeking to bar AAC's production of MEMS microphones, finding that Knowles failed to make a showing of a probability of success on the merits. Subsequently, Knowles and AAC resolved their litigations and Knowles issued a statement in December 2007 indicating that the parties had entered into a worldwide cross-license agreement. (Yahoo News -- Press Releases)
Treasury chief Ken Henry refuses to endorse $6bn car industry bailout Nov 12, 2008
I am not going to comment publicly on the merits or otherwise of government decisions. Were I to do that I would quickly have to find another job and I quite like this job, he said. (The Australian)
H. Scott Basham: Gay marriage not judges' role Nov 11, 2008
The U.S. Supreme Court dismissed their appeal for want of a "substantial federal question." This was technically a decision on the merits, and is binding on all lower courts for the proposition that there is no federal constitutional right to gay marriage. If the people, by referendum or through their elected representatives, choose to permit homosexual marriage, so be it. (Athens Banner-Herald)
A climate plan in peril? Nov 10, 2008
However, a national research program to accelerate green energy development ought to make its investment decisions on the merits, which is to say, according to the best judgment of experts about the promise of proposed technologies to blossom and diminish our demand for carbon-emitting fuels. On the other hand, energy conservation and efficiency programs could be spread around - all states and regions have a need for tightening buildings, tuning heating and cooling systems, and replacing old,... (Boston Globe)
Down syndrome residency case 'just tip of an iceberg' Nov 10, 2008
Senator Evans said the Government valued the contribution of overseas health professionals, and all applications for ministerial intervention were assessed on the merits of the case. Story Tools. (The Australian)
The Conservative Crackup Nov 8, 2008
In terms of cooperating with the substantive program put forth by the Democrats: I think that should be determined on the merits rather than partisan label. It's one thing to improve the delivery of health services to the uninsured; it is quite another just to ignore the needs of the uninsured. (Slate)
Injunction in Smith severance pay case Nov 8, 2008
In an opinion released Friday afternoon, Bloom said the petitioner in this case has established a strong likelihood of prevailing on the merits. Attorney Cory Briggs, who represented Trowbridge, said he believed he had a strong case from the start. (San Diego Union-Tribune)
Plenty of ridicule for CNN 'hologram' Nov 7, 2008
45 at my temple; (2) Watch CNN or The Jerry Springer Show (JSS leads in this department); (3) Interpreting for Cheech and/or Chong; (4) Having to read the Atlanta Urinal-Constipation;, or, (5) Writing a 10,000 word essay on the merits of watching World Championship Wrestling. Well, PE Obama is now in charge so I ain t gonna worry no mo. (Atlanta Journal-Constitution)
Local versus global debate ensues Nov 6, 2008
Scholar-in-residence in Environmental Studies Bill McKibben is a recognized local advocate and was recently invited to partake in a debate at the University of Vermont (UVM) this past Wednesday with George Mason University economist Russell Roberts on the merits of buying locally versus globally. The inaugural debate in UVM's new Janus Forum, "Buy Local or Buy Global: A Debate," was moderated by Emerson Lynn, editor and publisher of the St. Albans Messenger, in front of a crowded audience of... (Middlebury College -- The Campus, VT)
Gay marriage ban OK'd by voters Nov 6, 2008
At the time, the state Supreme Court dismissed it but did not rule on the merits of the argument. Supporters of Proposition 8 were exuberant over the early returns Tuesday night, even though opponents hoped later returns from some major urban centers where opposition was thought to be strong would turn the tide. (San Diego Union-Tribune)
America goes to the polls Nov 5, 2008
Those born in a functioning democracy may not reflect often on the merits of a system that permits the peaceful transfer of power from one governing group to the next. It is a gift beyond value. (Herald Online, SC -- Opinion)
PRIMARY FLASHBACK: Obama makes one-fingered gesture while speaking of Hillary... Nov 4, 2008
Other women will come along who will not be the former First Lady, and will win on their own "name brands" from all that they have accomplished and because they are recognized on the merits. The other women will be different in all the wonderful ways people can be, some will be more feminine, and younger, some will be more masculine and some less attractive, and all will win. (The Drudge Report)
Election fever spills in and out of NFL locker rooms Nov 4, 2008
Tennessee Titans tight end , despite his wealth, isn't sold on the merits of tax credits that Bush instituted three years ago and McCain has pledged to continue. "The overwhelming majority of the American people aren't doing as well as they were three years ago before those tax credits," said Crumpler, an Obama supporter. (USA Today -- Sports)
Online Home School Worksheets Nov 4, 2008
Many homeschooling families aren't keen on the merits of arbitrary end-of-chapter and other testing habits that promote memorization instead of real learning, these families trust that children are learning what matters and rely mostly on constant conversations and discussions. In a conversation, if someone doesn't get it it's usually obvious. (Suite101.com)
Judge rips lawyers over excessive fees Nov 4, 2008
"In my view, counsel and experts have a professional obligation to provide advice to their client, not just on the merits of a claim but also about the potential costs of pursuing it - about what is a reasonable sum to invest in the case, and about what might reasonably be expected to be the outcome on costs," Judge Ferguson said. (). (Globe and Mail)
US Court Reinstates Bhopal Water Pollution Case Nov 4, 2008
"The Second Circuit did not discuss the merits of the case or the merits of the trial judge's ruling of dismissal, and its decision should not be interpreted as a ruling on the merits," said Union Carbide spokesman Tomm Sprick. He said the trial judge "has consistently ruled to dismiss claims" against the defendants as the issues have come before him. (Planet Ark, United States)
Appeals court suspends order blocking political ad against Mark Radcliffe Nov 4, 2008
newsjunkie wrote on Nov 4, 2008 7:37 AM:" The radio ad was reprehensible, as are many of the others we've heard this year. However, the Court of Appeals makes the point well in their statement "we are aware of no caselaw which permits prior restraint of speech before an adjudication on the merits of the defamatory nature on the statement at issue. " First you have to prove the statements are false then let the court make it's ruling. ". (La Crosse Tribune, WI)
Boston taxi drivers laud ruling in NYC Nov 1, 2008
While not ruling on the merits of the case, Crotty said he believed the federal Energy Policy and Conservation Act of 1975 preempts the city's regulation. He issued the injunction after concluding that the drivers would suffer financial hardship if they were forced to comply with the regulation before the case is heard in full. (Boston Globe)
Energizer Keeps Going Nov 1, 2008
Among other activities, the preliminary injunction prevents defendant, Spectrum Brands, Inc. (Spectrum), from importing and selling its Rayovac-branded primary lithium batteries in the United States until after a jury trial and final decision on the merits of Energizer's patent infringement claims, which is set for October 2009. Brinks attorney Gary Ropski called the decision "an optimal result for our client Energizer, the leading innovator in primary lithium batteries. This injunction protects... (PR Newswire)
Soul of the Obama campaign is in the soundtrack Nov 1, 2008
India Arie's "There's Hope" makes the cut on the merits of the title alone, but Arie also is a protege of Wonder. Kanye West's "Touch the Sky" samples a familiar refrain; it's from Mayfield's "Move on Up." West's inclusion is a bit edgy considering the stir he made in a televised benefit concert for Hurricane Katrina when he said, "George Bush doesn't care about black people.". (Anchorage Daily News)
$2 local jail calls postponed Nov 1, 2008
Commissioners said they could not yet comment on the merits of the case. They said they might not be able to address Cavanaugh's concerns. (Juneau Empire)
Emissions scheme Rudd's chance to prove economic credentials Nov 1, 2008
The performance of any government should be judged in some cases, not only on the merits of managing an upswing, but the action taken during a time of downturn. It is easy to criticise in hindsight but perhaps the structural reform agenda of the previous government was not as robust as it could have been, which has possibly worsened the financial crisis's fallout for the Australian economy. (The Australian)
Court postpones ANC bid Nov 1, 2008
It said in the court did not make a finding on the merits of the application brought on Friday afternoon, and postponed the matter to Thursday next week. "The judge indicated that the Independent Electoral Commission should be joined in the case. Should a new party be formed at this weekend's convention, they too should be joined," the ANC said in a statement. (iAfrica.com)
From Being Watchdogs to Needing Watchdogs Nov 1, 2008
--Why do they ignore what have now become real questions about Obama's birth certificate, when he could summarily end the speculation and win the lawsuit challenges on the merits rather than on technicalities simply by producing the document. --Why are they completely incurious about the many gaps in Obama's past, including his years at Columbia and Harvard. (Human Events Online)
Judge Blocks New York's Green Taxi Mandate Nov 1, 2008
Without ruling on the merits of the case, U.S. District Judge Paul A. Crotty temporarily blocked enforcement because he said the plaintiffs would suffer irreparable financial harm if they were forced to comply with the rules by the deadline. But he said he was inclined to agree with the plaintiffs that only the federal government has the authority to enforce fuel efficiency standards. (Time.com)
Scot Lehigh: McCain's running out of time - and tactics Oct 31, 2008
No doubt it's precisely because of the relatively thin slice of taxpayers who would be affected that McCain and Palin would rather raise the specter of socialism than argue tax policy on the merits. Still, it's surprising that a candidate who cherished his reputation as a serious man and an independent thinker would wage this kind of campaign. (Boston Globe)
The Sweep: Back to the Future Oct 31, 2008
Your recruits are ranked so high not on the merits, but largely because of your name brand. Notice also that there's a big window of opportunity in the ACC, Big East and, after USC, the Pac-10. (TheBootleg.com)
New bio-defense lab on storm-prone Texas island Oct 30, 2008
Officials at the National Institutes of Health, however, say the decision to put the lab here was based purely on the merits. It is to open Nov. 11. (International Herald Tribune -- Health)
D.C. official to stay on church case Oct 30, 2008
But it is not within that prerogative for the Mayor s Agent to personally exercise historic preservation review authority in a case where the administration has already expressed a position on the merits of the case, the league s attorneys wrote in an Oct. 27 letter asking Tregoning to recuse herself. To do so, [Tregoning] would have a conflict of interest between her duty of loyalty to the mayor and deputy mayor to whom she reports and her duty to make an impartial decision in this constested... (Washington Business Journal, DC)
Wilkerson's fall Oct 29, 2008
But the public still needs assurances that liquor licenses in Boston are determined on the merits. Wilkerson is entitled to her day in court. (Boston Globe)
Campaign takes toll on electorate Oct 29, 2008
Regarding your comments on the two-tiered society - there is not enough space here to give a complete discourse on the merits and pitfalls of a capitalist economy. I will merely say that I recommend you take some classes in economics if you haven't already. (Waterloo-Cedar Falls Courier)
Your views: Letters to the editor Oct 28, 2008
When they cant win an election on the merits of their platform, they resort to character assassination. They were successful with their Swift Boat lies against Democrat John Kerry in 2004. (Florida Today)
Abramson can't force state attorney to testify Oct 28, 2008
Afterward, Parker and a spokesman for Krischer who attended the hearing, Mike Edmondson, declined to comment on the merits of the legal argument by the judge-to-be. "I was just telling Barry [Krischer] he's been discriminating against Eskimos," Edmondson said. (The Palm Beach Post)
Video of Riviera saggy pants arrest Oct 28, 2008
If you want to argue in opposition of the saggy pants law, please do it on the merits and not play the race card. Leave a comment. (The Palm Beach Post)
Q&A with head coach Lisa Bluder Oct 28, 2008
Finding out what is important to 16- and 17-year-olds and trying to sell them on the merits of being a women's basketball player here at Iowa is tough, especially knowing they could choose their school based on how they look in that school's uniform color. And recruiting has become kind of a nasty competition among coaches. (Hawkeyesports.com)
Candidates: We hear you, taxpayers Oct 26, 2008
truth_be_told wrote on Oct 25, 2008 1:40 PM:" You utter cynicism is showing again Happy. People can't even propose cutting taxes without being attacked. No wonder we are in ths shape we are in. I tend to want to teach children that there is hope for our country. And that good people can run and espouse ideas and have them debated on the merits. I pray that this election cycle hope conquers fears. You are spreading fear about two people you know not a whit about? Oops, there goes my darn 5th... (DeKalb Daily Chronicle, IL)
Outrage Over Offshoring Goes Off-Target Oct 25, 2008
Before his trip, acknowledging that it might be difficult to sell Americans on the merits of another trade deal during the economic downturn, he said: I have to convince them the consequences of protectionism and isolationism could be damaging to their future. McCain voted for CAFTA and NAFTA and for expanded trade with Oman, Singapore, Chile, China, Vietnam and the Andean nations. (YaleGlobal Online Magazine, CT)
Keokuk Middle School students practice citizenship with mock election Oct 25, 2008
As the students waited in line, there were loud discussions on the merits of Obama and McCain. One girl said she was still undecided and wasn't sure how she would make up her mind in the next few minutes. (Keokuk Daily Gate City, IO)
Zoning Panel Takes Turn on Wykeham Oct 24, 2008
Since he first submitted his land-use application, Washington residents have divided on the merits of the project, with some touting it for its economic and tax benefits, and others chastising it for the likely disruption to the peaceful country area. Over the past season, Mr. Klauer has reduced the size of the project four times, bringing the lot coverage from an original 17. (Litchfield County Times, CT)
The Sweep: Overrated? Underrated? Oct 24, 2008
That's what happens when, every week, we have the vague sense that any team lower than No. 10 in the poll is overrated, earning their ranking not on the merits, but by default, with no other worthy teams in sight. Sure enough, we suspected there'd be a week when seemingly everyone lost, and this was the week. (TheBootleg.com)
Clawson seeks Hanosh’s state seat Oct 24, 2008
I don't solicit campaign donations because I want to feel free to judge issues on the merits, he said. Clawson is the father of six children, including Josephine Jones, a teacher at Milan Elementary School, and a son who is attending New Mexico State University-Grants. (Grants Cibola County Beacon, NM)
Jury finds Wotton guilty over riot Oct 24, 2008
"You have an all-white court: a white judge, white lawyers, a white jury deciding on the merits of a case that involves very deep Aboriginal cultural issues. "There is no justice for Aboriginal people within the courts of Queensland. " He indicated Wotton would be speaking with his lawyers about the possibility of an appeal against the conviction. A number of other Palm Island residents have already been sentenced for their role in the riots. ? 2008 Brought to you by send photos, videos ffs to... (Sydney Morning Herald -- Australia)
New Motata witness bid Oct 24, 2008
"From the aforegoing, it is respectfully submitted that it becomes abundantly clear that the affidavit [by the new witness] overlaps with evidence already presented by the State by means of witnesses in the trial on the merits, as well as in the trial within a trial... on the admissibility of the video recordings," Dorfling said. It was not yet known who the new witness was and Van Zyl said an application would be made later for that witness to testify in camera. (iAfrica.com)
Class Action Jury Verdict Confirmed and Judgment Entered in Excess of $1.5 Million for Breach of Fiduciary Duties Oct 23, 2008
By special verdict, after a full trial on the merits, an Arapahoe County jury found that the Defendants breached their fiduciary duties to Englewood-based Verex Laboratories, Inc. ("Verex") and a certified class of its minority shareholders by running the company for their own benefit and to the Plaintiffs' detriment. Judge J. Mark Hannen of Colorado's 18th Judicial District, presided over the trial and entered judgment against all of the Defendants in the amount of $1,569,462, and allowing the... (PR Newswire)
Photo Gallery Oct 23, 2008
STUDENTS WANTED Maureen Sullivan questioned the board last week on the merits and problems with bringing in out-of-town students to fill the schools in Hoboken. The board weighed some of the pros and cons, but did not make any formal decision yet. (West New York Reporter, NJ)
Big West Expansion Approved By County Oct 23, 2008
Approval did not come quickly, happening after a four-hour debate on the merits of the Clean Fuels Project -- which is only fitting after three years of discussion about the refinery expansion. The meeting included a closed-door discussion between county staffers and refinery officials, who had not agreed on several mitigation measures. (KERO 23, CA)
A year later, Weyhrauch awaits trial Oct 22, 2008
Pope said he had a good chance to win on the merits of why the charges should be dismissed, but then the certification issue came up ... "Although we appreciate that the circumstances of this case are unique and that the issue tendered on the merits is a significant and serious one, at some point we must call a halt to our repeated attempts to induce a proper certification; so far it appears that there is 'no one there.'". (Juneau Empire)
High court rules against Ohio GOP in voter case Oct 19, 2008
"This decision was made on a technicality, not on the merits of the case," Ohio Republican Party Chairman Bob Bennett said in a statement. "The justices did not disagree with our argument that Jennifer Brunner has failed to comply with federal election law. They merely said we don't have a right to bring a private challenge against her under this particular provision.". (San Francisco Chronicle)
Court blocks Ohio vote challenge Oct 18, 2008
"It didn't make a decision on the merits of the case.". "I think that the secretary of state ought to do her job," he added. (BBC News -- Americas)
SNL mocks Joe the Plumber as McCain's 'imaginary friend'... Oct 18, 2008
SNL's third presidential debate parody--The Live Feed. SNL's third presidential debate parody. (The Drudge Report)
Rove's "math" still looks dire for McCain Oct 18, 2008
A good point to keep in mind is that the case was not decided on the merits but on standing: the Court ruled the GOP did not have the right, under law, to bring suit. This is an example of strict constructionism - the opposite would have been for the Court to say the GOP does not have standing,by law, but we think there s a greater principle at play here - the integrity of the voting system, and we cite two Federal laws regarding the responsibility of states to verify registrants, so we hold for... (Atlanta Journal-Constitution -- Opinion)
Judge explains letting Ariz. election cash flow Oct 18, 2008
"The parties will now proceed to a full hearing on the merits to determine whether the matching funds provision should be permanently ended for future elections," the Arlington, Va. -based Institute for Justice said in a statement. (AZCentral -- News)
DA: Selectmen should hold lease negotiations in open meeting Oct 17, 2008
The board concedes, as it should, that there is no longer a need for secrecy and that the ultimate vote on the merits of the proposal should be public, Tymoczko wrote. The concession implies that the need for secrecy for executive session minutes has also lapsed: disclosure of those minutes is therefore mandated in a prompt fashion. (Holbrook Sun, MA)
Judge orders private e-mails of Palin, staff preserved Oct 17, 2008
But Stowers was careful not to rule on the merits of using private e-mail, or what was a public record that needed to be preserved, without giving the state time to respond. Stowers said he was satisfied that measures he ordered would preserve e-mail messages. (Anchorage Daily News)
In Washington, Hearing Closes On Wykeham Oct 17, 2008
Since he first submitted his land-use application, Washington residents have been divided on the merits of the project, with some touting it for its economic and tax benefits, and others chastising it for the likely disruption to the peaceful country area. The application is currently in the middle of a Zoning Commission public hearing, which also needs to close by the end of the month. (Litchfield County Times, CT)
RCMP operation has impact Oct 16, 2008
I do agree in part with Tara Seel's editorial on the merits of Proportional Representation, however, I don't feel that it would be much more. Posted by. (Central Plains Herald Leader)
Men's Golf Finishes 7th at The Prestige Oct 16, 2008
Washington leapt from 11th to a final finish of fifth on the merits of its team total of 276 in the final round, the best by two strokes over tournament winner Texas Christian's 278. led the Bears with his plus-1 final round of 73 to finish tied for 15th among individuals (+5). (Calbears.com)
Commentary: Free the Uighurs! Oct 15, 2008
Second, it has used its physical control of detainees to evade judgments on the merits; releases of detainees have preceded and pre-empted judicial disapprovals. The Uighur litigation exemplifies both tactics. (Law.com)
Parties jockey for advantage on economic aid Oct 15, 2008
Kevin Smith, Boehner's spokesman, said the switch was made to put a premium on the merits of the policy proposals we're putting forth. The swift about-face highlighted the tricky politics Republicans are facing, as they work to show a sense of urgency on addressing economic woes that are largely associated with their own party's president. (San Diego Union-Tribune -- Business)
Paul Krugman takes Nobel economics prize Oct 14, 2008
Tore Ellingsen, a member of the prize committee, acknowledged that Mr. Krugman was an opinion maker but added that he was honored on the merits of his economic research, not his political commentary. We disregard everything except for the scientific merits, Mr. Ellingsen told The Associated Press. (Globe and Mail)
Court intervenes in light company dispute Oct 11, 2008
In granting a motion for the preliminary injunction sought by Lighting Science Group, the court found that Lighting Science was likely to prevail on the merits of its action pending against Philips, a press release states. Lighting Science alleged, in a complaint filed in March in Sacramento Superior Court, that Philips had misappropriated confidential information and engaged in unfair trade practices. (Sacramento Business Journal, CA)
Broun, Saxon want change in Washington Oct 11, 2008
On the merits, the bill is distasteful but necessary, he said. Initially an opponent of President Bush's plan to send more troops into Iraq, Mr. Saxon concedes it has helped pave the way for progress. (The Augusta Chronicle)
Former SG Olson: Whole Foods Ruling 'Turned Antitrust Law on Its Head' Oct 10, 2008
Olson, who for leave to support Whole Foods' petition for an en banc hearing on Monday, wanted to join the case because he thought Judge Janice Rogers Brown, who wrote for the panel, used outdated cases to reach her conclusion that the district court had underestimated the FTC's likelihood of success on the merits ... Brown's opinion reversed the district court's ruling on the grounds that the trial court underestimated the FTC's likelihood of success on the merits and did not take enough time... (Law.com)
Former CEO and CFO of Duane Reade Charged With Securities Fraud Oct 10, 2008
"We vigorously deny the government's allegations against Mr. Cuti and remain confident of our position on the merits," the statement said. "We look forward to our day in court, where we expect Mr. Cuti to be fully vindicated.". (Law.com)
Kentucky Tests State's Reach Against Online Gambling Oct 10, 2008
"We issued a registrar certificate to the state that says the court has jurisdiction over the issue, but it doesn't have control over the domains, other than the ability to exercise judgment so that when there is a final adjudication on the merits of the case or a settlement by the parties, we will honor that outcome," Jones said. CONTINUED 1. (Washington Post -- Technology)
