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25 Aug 2023, 5:00 am
 The Third Circuit noted that §1447(c) instead only allows for an award of attorney fees in cases involving a remand where the removal to federal court failed to meet the statutory requirements, or where the court lacked subject matter jurisdiction over the removed case. [read post]
24 Aug 2023, 12:12 pm by Eugene Volokh
Plaintiff must plead enough details about the subject matter of her case to present a story that holds together and that supports her accusations with a basis in plausible, articulable facts. [read post]
21 Aug 2023, 1:07 pm by Matthew Ackerman
., 440 U.S. 202, 203 (1979) (“[C]ompensation to cover a landowner’s litigation costs is a matter of legislative grace rather than constitutional command. [read post]
21 Aug 2023, 12:01 am by Jeanne Huang
However, by determining its subject-matter jurisdiction by solely considering Georgian law, Mbatha sets itself on a collision course with the Indian approach on the subject-matter jurisdiction of foreign courts. [read post]
14 Aug 2023, 2:34 pm by Giles Peaker
His counsel told the Judge that only “one point” of defence was being pursued; namely, that: (a) the deposit had not been protected; (b) in consequence, the prescribed information about deposit protection had not been provided; and (c) the deposit “has not effectively been returned to the defendant”. [read post]
14 Aug 2023, 5:36 am by Guest Author
It has provided virtually no guidance on what it means for a matter to present a “major question,” it has provided little guidance on what it means for a matter to present a “major question,” it has provided little guidance on the degree of statutory specificity necessary to provide agency authority over a major question . . . . [read post]
11 Aug 2023, 11:47 am by Bryan West
This raises the question of what the limits of that deference are, and whether there is any basis to apply this reasoning to a determination of an adjudicator appointed under construction legislation.[1]Such as that provided under Part 5 of the Prompt Payment and Construction Lien Act, RSA 2000 c P-26.4 the “PPCLA”, or Part II.1 of the Construction Act, RSO 1990 c C.30 Arad Incorporated v. [read post]
4 Aug 2023, 6:17 am by Andrew Lavoott Bluestone
Matter of Blatt 2023 NY Slip Op 04120 Decided on August 2, 2023 Appellate Division, Second Department Per Curiam is both a common and unusual attorney story. [read post]