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19 Apr 2016, 6:26 am
The recently decided case of SBT STAR BULK & TANKERS (GERMANY) GMBH & CO KG V COSMOTRADE SA (THE “WEHR TRAVE”) [2016] EWHC 583 (Comm) in the Queen’s Bench Division of the Commercial Court and before The Hon Sir Bernard Eder will, perhaps, come as a surprise. [read post]
9 Feb 2016, 10:06 am
As recently as 2012, the Court (in a majority opinion written by Justice Anthony Kennedy and, notably, joined by Chief Justice John Roberts) noted that “[a] principal feature of the removal system is the broad discretion exercised by immigration officials,” and that “[f]ederal officials, as an initial matter, must decide whether it makes sense to pursue removal at all. [read post]
5 Feb 2016, 10:06 am
But Reuters notes: [F]ederal prosecutors tackling domestic extremists still lack an important legal tool they have used extensively in dozens of prosecutions against Islamic State-inspired suspects: a law that prohibits supporting designated terrorist groups. [read post]
27 Jan 2016, 11:22 am
Moreover, as the Supreme Court noted two years earlier, “the changes brought about by the shift from bilateral arbitration to class-action arbitration are fundamental,” which makes “’arbitration … poorly suited to the higher stakes of class litigation’ and … classwide arbitration ‘is not arbitration as envisioned by the F[ederal] A[rbitration] A[ct]. [read post]
27 Jan 2016, 11:22 am
Moreover, as the Supreme Court noted two years earlier, “the changes brought about by the shift from bilateral arbitration to class-action arbitration are fundamental,” which makes “’arbitration … poorly suited to the higher stakes of class litigation’ and … classwide arbitration ‘is not arbitration as envisioned by the F[ederal] A[rbitration] A[ct]. [read post]
26 Jan 2016, 7:50 pm
Minnesota, 322 U.S. 292, 303 (1944) The U.S Supreme Court held that “[f]ederal control is intensive and exclusive. [read post]
18 Jan 2016, 6:58 pm
" Steve Eder and Matt Flegenheimer have this front page article in today's edition of The New York Times. [read post]
28 Dec 2015, 6:00 am
” Dissenting Circuit Judge Lourie said it even better this way: “[F]ederally registered trademarks can be identified with two message contexts: one from the provider of goods or services, who has chosen to use a certain mark to link its product or services to itself, and one from the government, which has deemed the mark qualified for the federal registration program. [read post]
9 Dec 2015, 6:50 am
The rumblings began shortly after the industry First Amendment victory over the FDA in Amarin Pharma, Inc. v. [read post]
1 Dec 2015, 4:45 am
Eder J. held that the words “may restrict the freedom of movement” in article 27(1) of the Directive were wide enough to encompass detention of any kind, including pre-decision detention, provided that it complied with the requirements of the article. [read post]
28 Nov 2015, 4:07 pm
The majority decided that the conviction could not stand, on the grounds that the “reasonable person” standard was not appropriate for a criminal case and “[f]ederal criminal liability generally does not turn solely on the results of an act without considering the defendant’s mental state. [read post]
14 Nov 2015, 10:40 am
"[F]ederal courts have inherent power to order counsel to accept an uncompensated appointment under the limited factual circumstances here": So holds a unanimous three-judge panel of the U.S. [read post]
28 Oct 2015, 7:48 am
/sigh"[F]ederal watchdog office did set up 10 phony insurance coverage accounts with no pushback from those overseeing the applications. [read post]
22 Oct 2015, 6:07 am
Voters to Decide in June” by Meghann Cuniff for Orange County Register “Report Traces Jeb Bush’s Ties to Companies That Had Business with Florida” by Matt Flegenheimer and Steve Eder for New York Times Wisconsin “Lawmakers Approve Bill Ending John Doe Probes of Political Crimes” by Patrick Marley and Jason Stein for Milwaukee Journal Sentinel Elections “Biden’s Decision Boosts Clinton and Sets Up a Two-Way Race With Sanders” by Paul Kane… [read post]
2 Oct 2015, 2:17 pm
According to Lawyers Weekly: “The judge’s first stated reason was that the ‘[F]ederal government is a separate sovereign,’ which ‘has refused to comply,’” Justice Barbara A. [read post]
21 Sep 2015, 8:00 am
Overview of the False Claims Act The Legal Information Institute (“LII”) at Cornell University Law School explains that the FCA is a “[f]ederal statute setting criminal and civil penalties for falsely billing the government, over-representing the amount of a delivered product, or under-stating an obligation to the government. [read post]
17 Sep 2015, 2:54 pm
Once again, Congress is faced with a transportation bill dilemma, as “[f]ederal infrastructure funding is currently scheduled to expire in Oct. 29. [read post]
27 Aug 2015, 5:01 am
[F]ederal jurisdiction over a state law claim will lie if a federal issue is: (1) necessarily raised, (2) actually disputed, (3) substantial, and (4) capable of resolution in federal court without disrupting the federal-state balance approved by Congress.Id. at 1065.Most Grable-based attempts to remove cases to federal court have foundered on prong three – substantiality. [read post]
26 Aug 2015, 3:15 am
The executive branch helped, too: “[F]ederal agencies have aggressively promoted [state AG] litigation working groups,” Nolette writes…. [read post]
18 Aug 2015, 8:30 am
The Court held that “[f]ederal law ([8... [read post]
