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” The district court denied their injunctive relief request and they appealed to the Sixth Circuit. [read post]
13 Jun 2024, 11:15 am by Josh Blackman
[The Court ducks the conscience theory of standing based on the government's new position, "abandons" Haven's Realty, and starts the deadpool for associational standing] Today the Supreme Court unanimously reversed the Fifth Circuit in FDA v. [read post]
7 Jun 2024, 3:30 am by David Lynn
The Fifth Circuit’s decision takes effect when the Fifth Circuit issues a formal order called a “mandate” to the SEC, which would ordinarily occur shortly after the time to seek rehearing expires (or shortly after rehearing is denied, if sought). [read post]
22 May 2024, 1:33 pm by Law Lady
Torts -- Civil conspiracy -- Tortious interference -- Dismissal -- Attorney's fees -- Error to enter partial summary judgment in favor of defendants dismissing plaintiff's claims for tortious interference and civil conspiracy for failure to state a cause of action -- Taking pleaded facts as true, operative amended complaint stated sufficient causes of action to withstand a motion to dismiss -- Because award of attorney's fees was predicated upon judgment being reversed, fee… [read post]
17 May 2024, 1:07 pm by John Ross
We write again only to note that—per page 13 of this newly released opinion—you can apparently petition for rehearing en banc from a decision en banc, which is both puzzling and, in any case, denied. [read post]
12 May 2024, 1:42 pm by Law Lady
Civil procedure -- Discovery -- Foreign subpoena -- Enforcement -- Jurisdiction -- Louisiana subpoena commanding a non-party Florida resident to produce documents -- Trial court erred by denying plaintiff's motion to compel production of items listed in a domesticated Louisiana subpoena duces tecum and deferring to Louisiana court on issue of whether information requested in subpoena was discoverable -- Under the Uniform Interstate Depositions and Discovery Act, the decision of… [read post]
3 May 2024, 12:30 pm by John Ross
Seventh Circuit: In which Frank Easterbrook retrieves a dusty, five-year-old petition for rehearing en banc from behind his desk (panel rehearing granted, amended opinion issued, petition for rehearing en banc denied). [read post]
1 May 2024, 1:21 pm by Jonathan H. Adler
"Ninth Circuit Denies Petition for En Banc Rehearing in Kids Climate Case," Feb. 10, 2021. [read post]
25 Apr 2024, 12:07 pm by Ben Sperry
The New Net Neutrality Order After spending significant time denying that ISPs—or, as the order calls them, “BIAS providers”—have any editorial-discretion rights as conduits of the speech of others, the FCC then does a complete about-face when considering whether ISPs would be subject to the order if they were explicit about curating content: To be sure, a different question would be presented if a BIAS provider were to create and market… [read post]
19 Apr 2024, 12:30 pm by John Ross
Motion to suppress driver's illegal gun possession denied. [read post]
19 Apr 2024, 11:00 am by Amy Howe
Relying on the Martin case, a three-judge 9th Circuit panel upheld that ruling; the full court of appeals denied the city’s request to rehear the case by a vote of 14-13. [read post]
19 Apr 2024, 7:28 am by John Elwood
By a 5-4 vote, the Supreme Court then stayed the order pending resolution of an appeal to the U.S. [read post]
18 Apr 2024, 1:44 pm by Patricia Hughes
Round Two: rehearing by the AHRC; an appeal from the AHRC’s 2020 decision (Amir and Siddique v. [read post]
17 Apr 2024, 4:52 pm by Howard Bashman
“Conservative US appeals court prods Supreme Court to review shield for US agency heads”: Alison Frankel’s “On the Case” from Reuters has this post about an order denying rehearing en banc, and the opinions concurring therein and dissenting therefrom, that the U.S. [read post]
20 Mar 2024, 7:14 am by Daniel M. Kowalski
The Fifth Circuit’s March 2 Order and the Applications to SCOTUS Enter, the Fifth Circuit. [read post]
24 Feb 2024, 7:49 am by Russell Knight
If you have been kicked out of your house after an emergency order of protection was granted, you have the right to a rehearing within 14 days of filing amotion to re-open or vacate that emergency order of protection. [read post]