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25 Mar 2024, 6:56 pm by Howard Bashman
The post “The Group Behind Dobbs Does Not Want to Talk About What Comes Next; We sat down with Kristen Waggoner to talk about the anti-abortion legal group’s next targets” appeared first on How Appealing. [read post]
25 Mar 2024, 2:24 pm by John Floyd
”    Against that legal backdrop, the appeals court said that the government’s “mere announcement that Fikre was removed” from the No Fly List did not satisfy this burden. [read post]
25 Mar 2024, 1:15 pm by Guest Author
The district court granted the agency’s motion to dismiss the suit as time-barred, the court of appeals for the Eighth Circuit affirmed, and the Supreme Court granted certiorari as to section 2401(a). [read post]
25 Mar 2024, 12:50 pm by Eleonora Rosati
On the other hand, the Cologne Appeal Court found:The fact that design and copyright protection have different functions of protection does not preclude design from being granted copyright protection, but for this to happen, design must meet the independent criteria of protection for works of applied art, i.e., particularly be artistic and not just creatively selective. [read post]
25 Mar 2024, 12:39 pm by Amy Howe
That “parade of horribles does not march,” they write, because of the unique circumstances of this case. [read post]
25 Mar 2024, 12:09 pm by Tobin Admin
The issue of whether it is liable for the judgment does not present an issue for declaratory judgment because that issue does not relate to future undirected action. [read post]
25 Mar 2024, 11:27 am by Eric Goldman
If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. [read post]
25 Mar 2024, 10:22 am by Howard Bashman
” The post “Breyer Says He Is Open to Supporting a Supreme Court Age Limit; The retired justice suggested that an 18- or 20-year term could dissuade members of the court from ‘thinking about the next job’ just as effectively as a lifetime appointment does now” appeared first on How Appealing. [read post]
25 Mar 2024, 9:32 am by Ilya Somin
Court of Appeals for the Fifth Circuit, the state of Texas has advanced the argument that illegal migration and drug smuggling qualify as an "invasion" authorizing the state to "engage in war" in response, under Article I of the Constitution. [read post]
25 Mar 2024, 9:24 am
It's . . . not good.When an attorney's brief is so bad that the appeal gets dismissed, and the client thereby injured, my take is that the attorney should generally be sanctioned and/or reported to the State Bar.Yet the panel here apparently does neither.This is not an attorney who's just started practicing law. [read post]
25 Mar 2024, 8:41 am by Laura
But the current approach does not work and impedes conduct being pleaded and pursued. [read post]
25 Mar 2024, 7:57 am by Gabriel Greif
As the Court of Appeal stated, ‘Our narrow holding does not in any respect call into question the well-recognized authority of local entities to regulate the location of oil drilling operations, a matter not addressed by section 3106 or Measure Z. [read post]
25 Mar 2024, 7:00 am by Rebecca Tushnet
” Merely because the images might convey “an ideological or provocative message” does not make them nonfactual: A fact does not become “value-laden” merely because the fact drives a reaction. [read post]
25 Mar 2024, 6:53 am by Julius Stobbs (Stobbs IP)
The family name can be derived from the Benelux trade mark registration number (being 836581), which is revealed by the Court of Appeal The Hague in its decision on appeal. [read post]
25 Mar 2024, 5:01 am by Simon Lester
But in the short term I am more interested in how this will play out in U.S. agency decisions and domestic court appeals. [read post]
25 Mar 2024, 4:36 am by Dennis Crouch
  Although KSR does not literally discuss a “reasonable expectation of success” but the case does indicate that a combination of known elements is obvious when it “yields no more than one would expect from such an arrangement. [read post]