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Sep 30, 2005 . Our results show that many more patent cases are adjudicated on the merits (
Apr 4, 2012 . adjudication on the merits . . . .” Id. Finally, in order for res judicata to apply, there
Mar 28, 2012 . “adjudicated on the merits” for purposes of 28 U.S.C.. § 2254(d) where the state
negligence claim was adjudicated on the merits and dismissed. The right to .
A final judgment on the merits bars further claims by the same parties based on .
Apr 4, 2012 . CIVIL PROCEDURE: RES JUDICATA: CLEAR-CUT ADJUDICATION ON THE
court decisions presumptively adjudicate federal claims on the merits . a state
Nov 8, 2011 . has been “adjudicated on the merits in State court proceedings” un- . state-court
In criminal cases, nolle prosequi declarations are generally made after an
Mar 23, 2012 . The tenant further argued that the withdrawal of the notice to cure was an
adjudication upon the merits." Since the dismissal here did not "otherwise specif[
Unless otherwise stated in the notice or stipulation, the dismissal is without
Jan 20, 2011 . Thus, it appears that the Court will treat state courts' summary disposition of
The trial court entered a dismissal with prejudice against the nurse, and then,
Id. vLex: VLEX-62056525 - Aedpas Adjudication On the Merits Requirement:
(2) An application for a writ of habeas corpus may be denied on the merits, . was
the Rule 68 Judgment was not “an adjudication on the merits” entitling Taxpayer
Single Board Member Adjudication on the Merits. Comments : In addition to
JUDGMENT ON THE MERITS (noun) The noun JUDGMENT ON THE MERITS
Accordingly, the case may proceed to a full adjudication on the merits. The Ethics
merits in State court proceedings unless the adjudication of the . . 1999) (“Since
Noun, 1. judgement on the merits - judgment rendered through analysis and
Sloane, Robert D. (2004) "AEDPA's "Adjudication on the Merits" Requirement:
1-1-2004. A Different View of Habeas: Interpreting AEDPA's. "Adjudicated on the
Apr 30, 2009 . adjudication on the merits,” it should not be given preclusive effect. Under the
may grant a writ of habeas corpus to a state prisoner on a claim that was “
Err on the side on bringing everything together. On the Merits – as long as it
Aug 2, 2011 . Law Lessons from LEFCOURT ASSOCIATES, LTD., ALLIANCE SHIPPERS, INC.,
This signifies that the court has made an adjudication on the merits of the case
Introduction According to Felix Frankfurter, "[it] is a fair summary of history to say
termine the meaning of "adjudication on the merits" in the AEDPA so that a
Rule 41(a) makes clear that "an adjudication upon the merits" in Rule 41(b) is the
(C) A suspension under division (B)(1) or (2) of this section shall continue until
Definition of adjudication in the Legal Dictionary - by Free online English .
Nov 16, 2011 . Nevada courts regularly say that they favor adjudication of disputes on the merits
1.420(b), CONSTITUTED AN ADJUDICATION ON THE MERITS THAT .
Jun 21, 2011 . Under section 2254(d) (1)-(2), the petition shall not be granted with respect to any
Jun 8, 2011 . operates as an adjudication on the merits, and a dismissal for failure to . . This
Apr 1, 2009 . The prevailing wisdom among class action defense attorneys is to focus on
What are the merits and de-merits of advertisememnt? Merits of advertisments
Directive Ensures Adjudication on the Merits in Consumer Debt Collection
venue, or for failure to join a party under Rule 19" is not “an adjudication on the
dismissing the claim.” Oneida R. Civ. P., Rule 16(C). “Dismissal of the action or
Our results show that many more patent cases are adjudicated on the merits (
. previously dismissed any federal- or state-court action based on or including
(2) An application for a writ of habeas corpus may be denied on the merits, . was
Jan 20, 2011 . Richter addressed the question of whether a summary ruling in state court counts
Board of Immigration Appeals. Where the Board of Immigration Appeals
of substantial federal question was an adjudication on the merits binding on the
2012. AEDPA's "Adjudication on the Merits". Requirement: Collateral Review,
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