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13 Apr 2015, 7:19 am
" The Court of Appeals (Pooler, Carney and Gleeson [D.J.]) says that "an Indian tribe enjoys sovereign immunity from suit except where ‘Congress has authorized the suit or the tribe has waived its immunity. [read post]
19 Nov 2015, 11:25 am
It is true, the Court of Appeals (Chin, Katzmann and Castel [D.J.]) says, that "an officer would lack probable cause if the arrestee's entitlement to a statutory exemption were so plain that no reasonable officer could think otherwise. [read post]
23 Jan 2015, 10:56 am
" The Second Circuit (Lynch, Chin and Korman [D.J.]) agrees with the Eighth Circuit that the mandatory vaccination law does not conflict with religious freedom, especially since state law allows for exemptions based on sincere religious beliefs. [read post]
9 Oct 2012, 2:31 pm
D.J.).The 9th affirms the district court's Guideline enhancement for constructively possessing four firearms. [read post]
7 Oct 2016, 12:24 pm
Kaplan, No. 15-30213 (8-29-16)(Ezra, D.J., w/Hawkins & McKeown). [read post]
13 May 2021, 6:03 am
The Second Circuit (Lynch, Bianco and Halpern [D.J.]) notes that plaintiff has abandoned any claim that defendant prevented him from participating in the state court hearing. [read post]
20 Apr 2016, 2:04 pm
Onuoha, No. 15-50300 (4-20-16)(Gould with Berzon and Steeh, D.J.) [read post]
28 Feb 2019, 6:21 am
This deliberate indifference claim proceeds under the Eighth Amendment.Plaintiff can proceed with his case, the Second Circuit (Winter, Pooler and Abrams [D.J.]) says, because the case law is clear that "prisoner-plaintiff establishes a 'serious medical need' where she suffered 'chronic pain the magnitude of which probably falls somewhere between annoying and extreme.'" That case is Brock v. [read post]
10 Sep 2021, 6:03 am
The Court of Appeals (Bianco, Lohier and Abrams [D.J.]) disagrees, and we've got ourselves a trial here. [read post]
18 Feb 2015, 8:50 am
" In other words, the district court said, the damages for each class member are too individualized for there to be a workable class action.Wrong, wrong, wrong, says the Court of Appeals (Droney, Jacobs and Kaplan [D.J.]). [read post]
12 Oct 2012, 8:53 am
D.J.).Defendant plead straight up to a sex trafficking charge and received a 480-month sentence. [read post]
29 Oct 2019, 6:10 am
The Court of Appeals (Walker, Carney and Koeltl [D.J.]) says yes.Equitable tolling is God's way of saying that some latenesses can be excused, but only for a compelling reason. [read post]
31 Jul 2015, 11:36 am
Winkles, No. 13-56376 (7-31-15)(Lamberth, Sr D.J., with M. [read post]
24 Nov 2015, 5:15 pm
Bare, No. 14-10475 (11-24-15)(Tallman with Rosenthal, D.J.; Kozinski dissenting). [read post]
13 May 2015, 6:50 am
So that claim is revived on appeal following the district court's contrary decision.The Court of Appeals (Jacobs, Lohier and Geraci [D.J.]) also revives the retaliation claim. [read post]
25 Mar 2015, 8:14 am
The Court of Appeals (Jacobs, Lohier and Swain [D.J.]) [read post]
6 May 2016, 4:10 pm
Ferguson, No. 14-36071 (5-6-16)(Tallman with Hawkins and Lefkow, Sr D.J.). [read post]
28 Jun 2013, 6:47 am
The district court threw out the case under Rule 12, but the Court of Appeals (Chin, Wesley and Larimer [D.J.]) reinstates the case. [read post]
29 Apr 2014, 11:21 am
Ramirez-Estrada, No. 12-50340 (4-25-14) (Clifton with Schroeder and Tunheim, D.J.). [read post]
