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12 Aug 2011, 5:19 pm
Here in Arizona, we live according to the Rule of the 9th Circuit; and I just read a nice article that discusses a 9th Circuit Case which analyzes whether a disclaimer of an inheritance is a fraudulent transfer. [read post]
2 May 2020, 1:07 pm
[Further thoughts on the Tucker Act and Federal Question Jurisdiction] Last week I posed a question: "can a plaintiff seek compensation for an unconstitutional taking, without relying on the Tucker Act's jurisdiction–if not under the Takings Clause, perhaps under some theory of tort. [read post]
15 Apr 2009, 4:44 am
We've been doing some research in anticipation of the upcoming ALI meeting at which the Principles of the Law of Aggregate Litigation will be voted on (we hope ALI members interested in class actions and the like will come out, debate the issues, and vote), and in the spirit of cross-fertilization, we thought we'd share it with our readers. [read post]
2 Feb 2017, 1:22 pm
Hinckley, 550 F.3d 926 (10th Cir. 2008) abrogated by Reynolds v. [read post]
9 Oct 2014, 8:46 am
John Elwood reviews Monday’s relisted cases. [read post]
3 Feb 2012, 1:52 am
“We are under a Constitution, but the Constitution is what the judges say it is… “-- Charles Evans Hughes, 11th Chief Justice of the United States.[1]ADNAN M L KARIMBarrister-at-Law The Supreme Court has declared the Fifth Amendment to the Constitution illegal and void ab initio; condemning military rules in explicit language[2]. [read post]
12 Nov 2020, 8:18 pm
[He talked about COVID and Religious Liberty, the Second Amendment, Free Speech, and "Bullying" of the Supreme Court by U.S. [read post]
2 Apr 2021, 2:35 pm
As a drug lawyer in Minnesota, the phrase, “One man’s trash is another man’s treasure,” comes to mind frequently. [read post]
26 May 2009, 1:42 pm
The California Supreme Court ruled today in Strauss v. [read post]
26 Jul 2007, 11:18 am
How many times have we heard that, in deciding preemption issues the "purpose" or "intent" of congress is the "ultimate touchstone" that the courts must respect? [read post]
17 Dec 2008, 7:16 pm
Washington, No. 07-1523, 07-1884, 07-2541 Federal district courts lack the inherent power to vacate a sentence procured by fraud, any such power having been abrogated by the enactment of 18 U.S.C. section 3582(c) and the amendments to FRCP 35. [read post]
15 Dec 2020, 8:30 am
Bagaric, 706 F.2d 42, 66 (2d Cir. 1983)(bombing of a pro-Yugoslav bookstore, allegedly by a Croatian nationalist), abrogated by Nat'l Org. for Women, Inc. v. [read post]
24 Jun 2011, 3:25 pm
Maryland Court of AppealsDocket: 10-1016Issue(s): Whether Congress constitutionally abrogated states’ Eleventh Amendment immunity when it passed the self-care leave provision of the Family and Medical Leave Act.Certiorari stage documents:Opinion below (4th Circuit) Petition for certiorari Brief in opposition Petitioner's reply Title: Sackett v.Environmental Protection AgencyDocket: 10-1062Issue(s): Is there a right to judicial review of an Administrative Compliance Order… [read post]
19 Feb 2012, 3:11 am
According to Robb, “Once the legislature indicates a willingness to abrogate loan agreements, lending in Arizona will be more risky and borrowers will have to pay for that increased risk. [read post]
20 Feb 2017, 7:02 am
“I don’t understand how this is anything other than a termination for supporting public policy in Ohio. [read post]
28 Jun 2017, 1:33 pm
“DFARS 204.7300(b) states that the rule ‘does not abrogate any other requirements regarding contractor physical, personnel, information, technical, or general administrative security operations governing the protection of unclassified information. [read post]
25 Jun 2018, 5:39 pm
Wyoming, 17-532 Issue: Whether Wyoming’s admission to the Union or the establishment of the Bighorn National Forest abrogated the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the “unoccupied lands of the United States,” thereby permitting the present-day criminal conviction of a Crow member who engaged in subsistence hunting for his family. [read post]
13 Jun 2008, 3:40 am
, Schering-Plough Corp – Following dispute over trade dress with Schering-Plough, Fruit of the Earth announces plan to change its package design: (IP Law360), US: Quanta and its impact on biotechnology: (Holman’s Biotech IP Blog), US: BIO files amicus brief asking CAFC to cabin in scope of KSR and hold that its obvious to try dicta does not abrogate the Deuel standard: In re Kubin: (Patently-O), US: StemCells gets patent on enriched central nervous system stem cell and… [read post]
10 Jul 2009, 3:39 pm
This is a rather interesting case may end up making some waves, especially in Hague Treaty countries or even in those countries that are not signatories to the Hague Treaty. [read post]
21 Sep 2007, 11:50 pm
[www.oranous.com][www.oranous.com]APPENDIX A IN THE CIRCUIT COURTOF THE EIGHTEENTH JUDICIALCIRCUIT IN AND FOR BREVARDCOUNTY, FLORIDA CASE NO. 05-1991-7249-AXXXSTATE OF FLORIDA, Plaintiff, o MARK DEAN SCHWAB, r Defendant. --------------~/ ORDER ON DEFENDANT'S MOTION TO VACATE OR STAY EXECUTION This matter came before the Court upon the Defendant's Motion to VacateSentence or Stay Execution. [read post]
