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16 Feb 2017, 2:06 pm by Thompson & Knight LLP
           On December 7, 2016, the United States Supreme Court heard oral arguments in Czyzewski v. [read post]
16 Feb 2017, 2:06 pm by Thompson & Knight LLP
           On December 7, 2016, the United States Supreme Court heard oral arguments in Czyzewski v. [read post]
16 Feb 2017, 6:38 am by Sharon L. Lippett
., the United States Court of Appeals for the Fourth Circuit (the “Fourth Circuit” or the “court”) sets forth a test that should assist sponsors of employee benefit plans covered by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) in identifying when participants’ state law claims may be removed to the federal courts. [read post]
16 Feb 2017, 3:15 am by Scott Bomboy
Court of Appeals for the Fourth Circuit found that ABC reporters who applied for jobs at a grocery chain to investigate food safety violations were guilty of trespassing. [read post]
15 Feb 2017, 1:43 pm by Richard S. Zackin
Pittsburgh Glass Works, the United States Court of Appeals for the Third Circuit departed company with three of its sister Circuits by holding that plaintiffs asserting a claim of “disparate impact” under the ADEA may establish a disparate impact with comparisons between subgroups of employees and need not show that a challenged employment practice has had an adverse impact on employees 40 years of age or older compared to… [read post]
15 Feb 2017, 1:41 pm by Richard S. Zackin
Pittsburgh Glass Works, the United States Court of Appeals for the Third Circuit departed company with three of its sister Circuits by holding that plaintiffs asserting a claim of “disparate impact” under the ADEA may establish a disparate impact with comparisons between subgroups of employees and need not show that a challenged employment practice has had an adverse impact on employees 40 years of age or older compared to… [read post]
15 Feb 2017, 8:42 am by Matthew Landis
Lynch, the answer is yes, according to the United States Court of Appeals for the Third Circuit. [read post]
15 Feb 2017, 1:00 am by eputsche
On Dec. 19, 2016, the United States Court of Appeals, Sixth Circuit, upheld a lower court’s dismissal of a civil suit involving the fatal shooting of two family dogs by police officers who were executing a search warrant for drug-related activity in 2013. [read post]
14 Feb 2017, 3:39 pm by Josh Blackman
Although the Board of Immigration Appeals determined that the Fleuti doctrine did “not survive the enactment of the IIRIRA as a judicial doctrine” with respect to this provision, elements of the case do survive: like under the old regime, not all aliens that gain physical admission to the United States have to seek “admission. [read post]
” It will come as no surprise that Google plans to appeal the Third Circuit decision. [read post]
13 Feb 2017, 1:18 pm by Josh Blackman
Not willing to follow that schedule, on February 4, the Justice Department asked the Ninth Circuit for an emergency stay pending appeal. [read post]
13 Feb 2017, 3:15 am by Scott Bomboy
Szalczyk, an opinion from the Third Circuit Appeals Court based in Philadelphia found that local governments didn’t have to comply with detainer orders. [read post]
11 Feb 2017, 5:33 pm by Catherine Powell
  Second, the Ninth Circuit noted due process rights cover all persons in the United States, including aliens. [read post]
10 Feb 2017, 2:31 pm
Court of Appeals for the Third Circuit:  In re Grand Jury Matter #3, 2017 WL 383361 (2017) (per curiam). [read post]
10 Feb 2017, 6:32 am by Joy Waltemath
Under the state secrets doctrine, the appeals court began, “the United States may prevent the disclosure of information in a judicial proceeding if ‘there is a reasonable danger’ that such disclosure ‘will expose military matters which, in the interest of national security, should not be divulged. [read post]
10 Feb 2017, 6:20 am by Lawrence B. Ebert
Furthermore, the United States Supreme Court has noted that courts must consider the relationship of the litigant to the person whose rights are being asserted, the ability of the person to advance his own rights, and the impact of the litigation on third-party interests. [read post]
10 Feb 2017, 5:30 am by Kenneth J. Vanko
The disputed technology involved intrusion detection systems that Advantor originally sold certain United States Air Force bases. [read post]
9 Feb 2017, 6:04 pm by Edward A. Fallone
Third, section 5 contravenes the procedures provided by federal statute for refugees seeking asylum and related relief in the United States. [read post]
9 Feb 2017, 1:02 pm by Joe Rosenbaum
 That effort was derailed by a series of court decisions, culminating in a 9-3 en banc decision of the Third Circuit Court of Appeals, which then led to the State of New Jersey petitioning the Supreme Court of the United States. [read post]