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23 Oct 2021, 2:40 pm by Joel R. Brandes
The Fifth Circuit held that the district court abused its discretion in denying Lazaro’s application for a meaningful psychological examination of S.L.C. which resulted in actual and substantial prejudice to Lazaro, since there was a reasonable probability that ordering the exam would have changed the result at trial. [read post]
23 Oct 2021, 2:40 pm by Joel R. Brandes
The Fifth Circuit held that the district court abused its discretion in denying Lazaro’s application for a meaningful psychological examination of S.L.C. which resulted in actual and substantial prejudice to Lazaro, since there was a reasonable probability that ordering the exam would have changed the result at trial. [read post]
22 Oct 2021, 1:00 pm by John Ross
So holds the Eighth Circuit in an opinion featuring Auer deference, Bathsheba, constitutional avoidance, Coppertone sunscreen, King David, Matisse, mootness, overbreadth, Picasso, Pullman abstention, and the Sistine Chapel. [read post]
14 Oct 2021, 5:01 am by Stephen Halbrook
Michael Luttig, the former Fourth Circuit judge who reportedly was on the shortlist for nomination to a Supreme Court seat during the George W. [read post]
12 Oct 2021, 5:12 pm
  Customs HTSUS Tariff Classification Pharmaceutical Appendix Import - Export Learned Hand   Appeal from the United States Court of International Trade in No. 1:13-cv-00296-JCG. [read post]
12 Oct 2021, 6:40 am by Richard Reibstein Esq.
Affirming the district court’s dismissal of the claims, the Second Circuit concluded that “even if further litigation established that the [franchisees] were employees, Jani-King would still prevail…” The court held that the gross customer revenues received by Jani-King were not the baseline “wage” from which the state law prohibits deductions. [read post]
10 Oct 2021, 9:01 pm by Austin Sarat and Dennis Aftergut
On October 8, the Fifth Circuit summarily reinstated Texas’s “heartbeat” anti-abortion law, overturning district court Judge Robert Pitman’s careful, 113-page October 6 decision enjoining the onerous law. [read post]
8 Oct 2021, 8:31 am by Michael C. Dorf
The official courts of law in England--the "King's bench"--operated under strict, often highly formalistic rules. [read post]
6 Oct 2021, 7:53 am by Aram A. Gavoor, Steven A. Platt
Doing so would narrow the breadth of issues in cases that require judicial resolution, reduce circuit splits, and aid parties in managing expectations before agencies and in federal litigation. [read post]
30 Sep 2021, 9:51 am
TTABlog Test: Is KING'S RANSOM for Scotch Whiskey Sold by Invitation Confusable With the Identical Mark for Wines? [read post]
13 Aug 2021, 12:30 pm by John Ross
Sixth Circuit: The gov't breached the plea agreement the second time around, so we're sending it back down—to a new judge this time. [read post]