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17 Jun 2024, 11:25 am by Eugene Volokh
[W]hen documents have been submitted in connection with a motion for summary judgment, it is error for the district court to decide the motion first, and then determine in hindsight whether particular documents were judicial documents based on whether or not the court relied on them…. [read post]
9 Jun 2024, 9:05 pm by renholding
The plaintiff’s claim relied on Delaware precedent holding that governance restrictions in an agreement (as opposed to the corporation’s certificate of incorporation) are invalid if they either directly or indirectly “remove from directors in a very substantial way their duty to use their own best judgment on management matters” or “substantially limit the freedom of director decisions on matters of management policy. [read post]
30 May 2024, 7:34 am by Alex Phipps
At the Court of Appeals, defendant argued that the trial court lacked subject matter jurisdiction because the indictment omitted that his act was committed “by force. [read post]
21 May 2024, 8:17 am by Phil Dixon
This post summarizes published criminal and related decisions of interest from the Fourth Circuit Court of Appeals in April 2024. [read post]
The bill, known as the Israel Security Assistance Support Act, was crafted “[t]o provide for the expeditious delivery of defense articles and defense services for Israel and other matters. [read post]
14 May 2024, 7:15 am by Telecommunications Practice Group
§ 254(d) that would require federal Universal Service Fund contributions by ISPs: “[W]e believe that any decisions on whether and how to make BIAS providers contribute to USF funding are best addressed holistically in [] ongoing discussions of USF contribution reform, on a full record and with robust input from all interested parties, than in this proceeding. [read post]
10 May 2024, 9:00 am by Public Employment Law Press
Respondents appeal.Initially, petitioners move to strike a footnote from respondents' reply brief on the ground that it contains matters that are outside the scope of the administrative record. [read post]