Doctrinal - Judgment Search Results

Warner-jenkinson Co. Vs. Hilton Davis Chemical Co.

Court: US Supreme Court

..... is correct that graver tank did not supersede the well established limitation on the doctrine of equivalents known as prosecution history estoppel whereby a surrender of subject matter during ..... of independent experimentation by the alleged infringer as supporting an equitable defense to the doctrine of equivalents the federal circuit explained this factor by suggesting that an alleged infringer .....

United States Vs. Winstar Corp.

Court: US Supreme Court

..... address the government s various sovereign defenses particularly its invocation of the unmistakability doctrine that doctrine simply embodies the commonsense presumption that governments do not ordinarily agree to ..... the following understanding of what the dissent and the government call the unmistakability doctrine the doctrine appears in the language of earlier cases where the court states that .....

Quackenbush Vs. Allstate Ins. Co.

Court: US Supreme Court

..... 1976 pennsylvania v williams 294 u s 176 1935 our longstanding application of these doctrines reflects the common law background against which the statutes conferring jurisdiction were enacted new ..... federal courts can relinquish their jurisdiction in favor of another forum but our abstention doctrine is of a distinct historical pedigree and the tradi 723 tional considerations behind dismissal .....

Denver Area Ed. Telecommunications Consortium, Inc. Vs. Fcc

Court: US Supreme Court

..... make judgments when pathological pressures are most intense 775 for declining to decide the precise doctrinal categories that should govern the issue at hand the value of the categorical approach ..... standards will necessarily do for the new technology and that a proper choice among existing doctrinal categories is not obvious rather than definitively settling the issue now justice breyer wisely .....

Mafatlal Industries Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court: Supreme Court of India

Reported in: 2002(83)ECC85; 1997(89)ELT247(SC); JT1996(11)SC283; 1996(9)SCALE457; (1997)5SCC536; [1996]Supp10SCR585; [1998]111STC467(SC)

..... under a mistake of law might be recovered upon the basis of unjust enrichment that doctrine did not extent to moneys paid under unconstitutional legislation no question of unconstitutionality arises in ..... to the consumers without any loss or detriment to the manufacturer the absurdity of this doctrine of passing on can well be demonstrated by the following examples 134 supposing a manufacturer .....

United States Vs. Wells

Court: US Supreme Court

..... respondents with submitting material false statements the law of the case doctrine does not prevent the government from arguing here that materiality is ..... as it was directed to the jury as for the two doctrines respondents are correct that several courts of appeals have ruled that ..... as an element of an offense the law of the case doctrine precludes the government from denying on appeal that the crime .....

Exxon Co., U.S. A. Vs. Sofec, Inc.

Court: US Supreme Court

..... affirm that the requirement of legal or proximate causation and the related superseding cause doctrine apply in admiralty notwithstanding our adoption of the comparative fault principle i this case ..... and a comparative fault method of allocating damages as professor schoenbaum has said the doctrine of superseding cause is applied where the defendant s negligence in fact substantially contributed .....

All India Garments Non. Quota Manufacturers Exporters Association and ...

Court: Delhi

Reported in: ILR1997Delhi433

..... relevant in the context of submissions urged for the respondebnts that the promissory estoppel doctrine being a doctrine of equity has to yield in favor of larger public interest the supreme court ..... these petitions the contentions of the petitioners can be categorised into three heads i applying doctrine of promissory estoppsi the policy is illegal qua the petitioners ii petitioners cannot be .....

Paschimbanga Bhumijibi Krishak Samiti and ors. Vs. State of West Benga ...

Court: Kolkata

Reported in: (1996)2CALLT183(HC),100CWN900

..... of public purpose and just compensation are fulfilled the said doctrine of eminent domain was applied in england payment of compensation ..... hereinbefore also relied upon certain judgments to show that the doctrine of eminent domain has no application in view of the ..... to the state it traced the history of the said doctrine and considered various american english and australian decisions in support .....

Lonchar Vs. Thomas

Court: US Supreme Court

..... seeking equitable relief and the equitable rationale underlying mccleskey s abuse of the writ doctrine avoiding among other things last minute attempts to manipulate the judicial process 503 u s ..... 1963 in earlier times the courts followed comparatively simple rules even occasionally disregarding complex procedural doctrines such as res judicata see mccleskey supra at 479 as they exercised the writ .....