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30 Nov 2023, 4:00 am by Michael C. Dorf
Hoboken Land & Improvement Co, it said this: "there are matters, involving public rights, which may be presented in such form that the judicial power is capable of acting on them, and which are susceptible of judicial determination, but which Congress may or may not bring within the cognizance of the courts of the United States, as it may deem proper. [read post]
28 Jul 2016, 6:49 am by Joy Waltemath
’” Below, the Third and the Seventh Circuits upheld district court rulings that the non-contributory defined benefit pension plans of Saint Peter’s Healthcare System and Advocate Health Care Network, respectively, were not exempt from ERISA requirements because their plans were not established by the church. [read post]
8 Jan 2014, 9:30 am
The court also struck Defendant's seventh affirmative defense, in which Defendant argued that Plaintiff had failed to join an indispensable party. [read post]
2 Oct 2007, 6:44 am
Court of Appeals for the Seventh Circuit said yesterday that the prosecutors are acting within their discretion, reports the St. [read post]
2 Aug 2013, 1:50 pm by WSLL
Wiley of Taylor | Anderson, LLP, Denver, ColoradoDate of Decision: July 31, 2013Facts: Appellant Kelvin Bourke sued his former employer Grey Wolf Drilling Company, LP, for fraud and wrongful termination in the Seventh Judicial District Court. [read post]
9 Jan 2007, 9:18 am
In fairness, the Alberta courts site came seventh in 2001. [read post]
2 Oct 2020, 6:41 am by Matthew L.M. Fletcher
The district court entered summary judgment for the defendants, but we remanded his case for trial. [read post]
Ring Container, the Illinois Appellate Court for the Third Judicial District is set to decide whether a one-year, two-year, or five-year statute of limitations applies to claims under the BIPA. [read post]
Ring Container, the Illinois Appellate Court for the Third Judicial District is set to decide whether a one-year, two-year, or five-year statute of limitations applies to claims under the BIPA. [read post]
19 Sep 2011, 4:00 am by Terry Hart
Although the court found that Tenenbaum waived this argument because he didn’t clearly make it in the district court, it nevertheless found it wrong. [read post]
25 Feb 2022, 2:30 pm by John Ross
District court: The law is unconstitutional under Supreme Court precedent. [read post]
7 Sep 2011, 4:55 pm by Record on Appeal
Those selected will serve three-year terms, during which they will participate in meetings throughout the circuit, coordinate activities with District Lawyer Representatives, and attend and participate in the Ninth Circuit Judicial Conference, an annual gathering of federal judges, attorneys, agency representatives and court staff. [read post]
27 Mar 2015, 1:21 pm by Stephen D. Rosenberg
For many years, I argued on this blog that courts, when it came to ERISA breach of fiduciary duty cases, were too slow to decide cases on the facts and too quick to decide them on the basis of judicial assumptions or, worse yet, legal presumptions. [read post]
24 Apr 2015, 7:30 am by Patricia Salkin
Dewitt tried again in state court in January 2011; this time the court, although dismissing the suit with prejudice, explained that it lacked “jurisdiction to hear” the case because Dewitt had not sought timely judicial review of the Hearing Authority’s order, and the appellate court affirmed. [read post]
31 May 2016, 2:48 pm by Eugene Volokh
Can the lawyer appeal the $35k fine and judicial censure imposed by the district court? [read post]
1 Aug 2011, 3:57 am by Louis M. Solomon
The Seventh Circuit affirmed the District Court’s dismissal of the complaint, but on an analysis different from that used by the District Court: First, the Court of Appeals felt it needed to address the issue of whether the ATS covers corporate conduct, on which we have posted before. [read post]
17 Jul 2014, 7:28 am by Patricia Salkin
It is interesting to note that the Court did not consider whether MAUM had adequately pled these claims to invoke any lesser form of judicial scrutiny, such as rational basis review. [read post]