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2020-01-06
Top Ten Excellent Cases of Liqun Institute in 2019 Published
In order to fully leverage the leading, demonstrating, and guiding role of typical cases, and encourage every lawyer to continuously practice the refinement of case handling, Liqun Institute has recently launched a selection activity for the top ten outstanding cases. After application, recommendation, and layer by layer selection by the selection committee, the top ten outstanding cases of Liqun Institute in 2019 were finally released.
Top 10 Excellent Cases of 2019 (Ranked in No Different Order)
01
Liu Mouhui Counterfeiting Registered Trademark Case
Submitted to lawyers: Wang Xinping, Wang Ying
Highlight: The defense of innocence was successful, and the prosecutor's office applied for the withdrawal of the prosecution on the grounds of insufficient evidence. The court ruled to allow the withdrawal of the prosecution.
02
Zheng is suspected of harboring others for drug use and trafficking
Reporting lawyers: Huang Daojin, Pan Chan, Zhang Luohan
Highlights: Focusing on disputes, eliminating interference, effectively defending, and the prosecutor's office's decision not to prosecute Zheng for drug trafficking.
03
Case of Wang illegally manufacturing, buying, selling, transporting explosives, and imparting criminal methods
Submitted to Lawyer: Zhang Liang
Highlight: In the first instance, it was determined that the circumstances were serious, but in the second instance, the court adopted the lawyer's defense opinion and did not recognize it as serious, and therefore revised the judgment.
04
Li (female), an elevator attendant from Da Lang Taosha, assists in organizing a prostitution case
Submitted to Lawyer: Chen Junwei
Highlight: Li was sentenced to 2 years and 7 months in prison and fined 10000 yuan in the first instance. The second instance adopted the lawyer's defense opinion, revoked the sentencing part of the first instance, and sentenced Li to a suspended sentence.
05
Hong and Three Others v. Pan in Dispute over Partnership Agreement
Reporting lawyers: Cai Huiqiang, Gu Qizhi
Highlight: The second instance court adopted the viewpoint of the acting lawyer and ruled to revoke the first instance judgment of the appellant Pan returning 380000 yuan to the appellant Hong and others, and rejected the appellant's first instance lawsuit request.
06
Zhou Moucong and Wu Mouping v. Wu Mouming and Other Private Loan Disputes
Reporting lawyers: Wang Xinping, Zheng Xiaodan
Highlight: Wu Mouming was originally the spouse of the defendant Luo Mouhui. The first instance court ruled that Wu Mouming was jointly and severally liable for Luo Mouhui's 5.54 million yuan loan on the grounds of family enterprise loans and joint debts between the couple. The lawyer represented the second instance lawsuit, and after fully interpreting the law and reasoning, the second instance ruling was remanded for retrial. The first instance court ruled to reject the plaintiff's lawsuit against Wu Mouming, and the second instance upheld the original judgment.
07
Reexamination of Land Administrative Compensation between Elderly Apartments in a County and the People's Government of a County
Submitted to Lawyer: Lin Tong
Highlight: The Supreme Court has adopted the lawyer's retrial application viewpoint and instructed the Zhejiang High Court to conduct a retrial. It is rare for the highest court to rule for retrial in the field of administrative compensation. This case also clarifies the criteria for determining the scope of compensation under administrative inaction.
08
Huang's design patent invalidation case
Submitted to lawyers: Mao Lingjian, Jiang Ning
Highlight: The Patent Reexamination Committee of the State Intellectual Property Administration maintained the validity of the patent right of the design involved in the case. After hearing the case, the Beijing Intellectual Property Court ruled to revoke the No. 32031 invalidation request review decision made by the Reexamination Committee.
09
Case of a company in Taizhou infringing on utility model patent rights
Submitted to lawyers: Mao Lingjian, Jiang Zhen
Highlight: Ordinary technical personnel can directly and clearly determine the specific implementation methods of the above functions or effects by simply reading the claims. The technical features are not functional features, and the interpretation and application rules of applicable functional technical features can also be excluded. ten
Non profit Private Hospital - Wenling Respiratory Disease Hospital Bankruptcy Reorganization Case
Reporting lawyers: Jin Wei, Cai Wanying
Highlights: Fast closure speed, high approval rate of restructuring plan draft, and high repayment rate. Wenling Respiratory Disease Hospital is the only respiratory disease specialized hospital in Zhejiang Province, and also a private non-profit hospital. Through the restructuring, it not only sets a precedent for the restructuring of private non-profit respiratory disease specialized hospitals in the province, but also preserves the core value of private non-profit hospitals, avoids the loss of civil and state-owned assets, and provides ideas for the bankruptcy restructuring of this type of legal person in the future.
In recent years, Liqun Institute has attached great importance to case selection and has made the selection of the top ten outstanding cases a reserved item for year-end summaries. The selection of the top ten outstanding cases is not only a recognition for lawyers who have worked hard for a year, but also hopes that Liqun Lawyers can take this selection activity as an opportunity to continuously explore and improve, and bring more high-quality, professional, and refined legal services to customers! The results of this selection will be commended at the 2019 annual meeting of Liqun Institute, which will be held on January 11th.
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