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19 Jan 2016, 1:02 pm
Note that the first three questions presented were those put forward by the solicitor general in the federal government’s cert petition. [read post]
27 Jun 2012, 11:36 am
"A court may award fees and costs under 1132(g)(1) as long as the claimant has achieved 'some degree of success on the merits. [read post]
2 Nov 2020, 8:36 am
In 2016, when this case first reached the Second Circuit, the Court of Appeals said for the first time that the 28-day deadline is not jurisdictional but a claim-processing rule that still must be followed. [read post]
22 Aug 2013, 3:43 pm
First, the second part of an anti-SLAPP motion does not, in fact, necessarily decide the "merits". [read post]
12 Oct 2016, 6:00 am
The lawsuit centered around the play Hand to God which used a portion of the iconic Who’s on First sketch in the first act. [read post]
23 Sep 2024, 6:31 am
The First Circuit denied the defendants’ motion to dismiss the appeal holding that the judgment was final and appealable under Louisiana Code of Civil Procedure article 1915(A)(1). [read post]
6 Sep 2016, 2:42 pm
The bank named in the mortgage is shown as First Savings Mortgage Corporation. [read post]
26 Jan 2018, 7:28 am
It’s the first time that President Trump visits Davos and Switzerland. [read post]
2 Nov 2020, 1:49 pm
Before instituting, the Director must first find a “reasonable likelihood” that one-or-more claims will be cancelled. [read post]
9 Mar 2017, 8:15 pm
The post Petition of the day appeared first on SCOTUSblog. [read post]
2 Aug 2019, 7:09 am
The post Federal judicial council denies review of misconduct complaints against Justice Kavanaugh appeared first on JURIST - News - Legal News & Commentary. [read post]
25 Jun 2018, 6:43 pm
Index Opinions by Sitting Circuit Scorecards Merits Cases by Vote Split Make-Up of the Merits Docket Total Opinion Authorship Total Opinions Over Time Opinions Authored by Each Justice Workload Majority Opinion Authorship Summary Reversals Strength of the Majority Unanimity Frequency in the Majority 5-4 Cases Majority Opinion Distribution by Senior Justices Justice Agreement – Tables Justice Agreement – High and Lows Time Between Oral Argument and Opinions Pace of… [read post]
16 Sep 2014, 9:58 am
The Second Circuit's decision in 2007 was so interesting and controversial that it prompted me to start writing this blog in the first instance. [read post]
11 Dec 2017, 9:00 am
If they can’t show that their legal claims have merit, a court must dismiss the suit. [read post]
9 Jan 2020, 6:07 am
There’s assuredly merit in both—but both are also too easily wrapped up in self-interest and merit deeper reflection.Third, some reform proposals, in my view, are worse than the existing problem. [read post]
6 Jan 2017, 4:43 am
The case, which centers on a decades-old New York state law that prohibits merchants from imposing surcharge fees for credit card purchases, represents the first major effort to ground constitutional law (here, First Amendment law) in the claims of behavioral economics.In this article we examine the merits of that effort. [read post]
25 May 2011, 11:03 am
The Court has not yet set these cases for full briefing on the merits. [read post]
7 Nov 2010, 6:55 pm
LEXIS 23035; 2010 FED App. 0340P (6th Cir. 11/4/2010) “District court’s grant of defendant’s petition for habeas relief on the basis of guilt-phase ineffective assistance of counsel is reversed where: 1) defendant procedurally defaulted his claim of ineffective assistance of trial counsel for failing to seek admission of witness’s testimony during the guilt phase; 2) defendant has not shown cause to excuse default of the claim because he has also procedurally defaulted his… [read post]
Florida Court Strikes Award of Attorney’s Fees to a Seaman Under Florida’s Offer of Judgment Statute
16 Apr 2014, 6:00 am
Nonetheless, following a trial on the merits, a jury found in favor of Plaintiff and awarded attorney’s fees and costs pursuant to the state’s offer of judgment laws. [read post]
13 Aug 2013, 9:30 am
Respondents’ boycott thus has no special characteristics meriting an exemption from the per se rules of antitrust law.6 Thus, the Supreme Court found that the antitrust laws at issue were balanced against countervailing First Amendment values at the definitional level, and this in turn meant that there was no need to do an ad hoc balancing of the competing interests, taking into account the particular defendants’ interests, as the Court of Appeals had done. [read post]
