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16 Jan 2019, 9:30 am by Joel R. Brandes
      In Pfeiffer v Bachotet, 2019 WL 190927 (11thCir., 2019) the Eleventh Circuit affirmed a judgment of the district court which denied the petition of Plaintiff-Petitioner Marcellinus Pfeiffer, who sought the return of his children N.A.R. and R.H.E. from the United States to Switzerland. [read post]
15 Jan 2019, 7:55 am by Jonathan H. Adler
Justice Thomas wrote the opinion for the Court in Stokeling v United States, holding that a robbery offense that requires the defendant to overcome a victim's resistance is an offense that requires the use of "physical force," and can thus qualify as a "violent felony" under the Armed Career Criminal Act (ACCA). [read post]
14 Jan 2019, 3:08 pm by Kevin LaCroix
  The court relied on a recent decision from the Supreme Court of the United States, Kokesh v. [read post]
13 Jan 2019, 11:30 pm by Guido Paola
In its statement of grounds of appeal, the appellant maintained the main request and auxiliary requests 1 to 5 considered in the contested decision and resubmitted those requests as main request and auxiliary requests I to V. [read post]
11 Jan 2019, 2:50 am by CMS
However, following judgment in the earlier Supreme Court case R (on the application of Miller and another) v Secretary of State for Exiting the European Union [2017] UKSC 5, the view taken again was that the UK Act effectively trumped the Scottish Bill, while it awaited the outcome of this constitutional challenge. [read post]
10 Jan 2019, 8:27 am by Yosie Saint-Cyr
The definition of “week” in section 1 of the ESA should be amended to allow an employer to designate the day on which the period of seven consecutive days begins for the purpose of wage calculation and employee benefits under the Act, provided that the employer must: (a) follow a consistent practice following the designation; and (b) provide adequate notice to affected employees of any subsequent re-designation of the beginning day of the seven-day period. [read post]
10 Jan 2019, 8:27 am by Yosie Saint-Cyr
The definition of “week” in section 1 of the ESA should be amended to allow an employer to designate the day on which the period of seven consecutive days begins for the purpose of wage calculation and employee benefits under the Act, provided that the employer must: (a) follow a consistent practice following the designation; and (b) provide adequate notice to affected employees of any subsequent re-designation of the beginning day of the seven-day period. [read post]
9 Jan 2019, 2:48 pm by John Elwood
United States, 17-778, United States v. [read post]