Search for: "State Ex Rel. Clark v. Long" Results 1 - 20 of 38
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27 Aug 2023, 3:56 pm by Andrew Warren
” Although the test’s threshold is viewed as relatively low, not all cases justify removal, and where the state opposes removal and offers persuasive reasons for why Mesa is not satisfied, the burden is very much on the removing party to provide specific reasons as to why the test is met.[6] The Mesa test remains good law and applies to all removals under section 1442.[7] “Although the statute is ‘liberally construed’… the Supreme Court has… [read post]
26 May 2023, 11:37 am by Rebecca M. Guidry
Caremark, Inc., 584 F.3d 655, 658 (5th Cir. 2009) (citing McCarthy ex rel. [read post]
20 Feb 2019, 10:32 am by admin
”9 History seems to be on the majority’s side, as one struggles to find a Supreme Court case that struck down a condemnation—either state or federal, so long as 2 the agency had a mere rational basis for its decision to condemn. [read post]
8 Jun 2017, 4:04 pm by INFORRM
Three important qualified-privilege judgments  Hagaman v Little On 28 April 2017, Clark J released her reasons for a ruling during the Hagaman v Little jury trial, as to whether the words complained of were published on an occasion of privilege. [read post]