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In 2020, a judge upheld the law, stating that California could prohibit private detention centers because federal law does not explicitly support or mandate their operation. [read post]
5 Jan 2011, 5:47 am by Rees Morrison
Time tracking by in-house counsel as a department-wide obligation does not appeal to me, I will admit, but I feel differently about an individual lawyer who keeps a personal record of what that lawyer does. [read post]
30 Jan 2010, 11:28 am
" By the way, Federal Rule of Appellate Procedure 3(c)(1) -- titled "Contents of the Notice of Appeal" -- does not require that a notice of appeal specify the party or parties against whom an appeal is being taken, although designating the party or parties against whom an appeal is being taken is certainly one way of specifying that only a part of a judgment or order is being appealed. [read post]
8 Feb 2017, 1:13 pm by Barbara S. Mishkin
” The guidance therefore confirms that unless the Trump Administration takes the position that it does not have to wait for the PHH appeal to be resolved before it considers the CFPB to no longer be an independent regulatory agency, the executive order does not currently apply to the CFPB except on a voluntary basis. [read post]
17 Apr 2023, 12:24 pm by omnizant.support
How long does it take to receive an initial determination for a disability application? [read post]
10 Dec 2021, 9:51 am by Second Circuit Civil Rights Blog
This installment looks at the evidentiary rulings that the officers challenged on appeal. [read post]
7 Aug 2013, 3:36 pm by Jason Epstein
But, if an appealing party does not do better at trial than they did at arbitration, they must pay the attorney fees to the other side. [read post]
19 May 2009, 8:34 am
Human Rights laws can protect British soldiers on the battlefield, after the Court of Appeal in London refused an attempt by the Government to overturn the ruling that ECHR does not cover British servicemen & women on the battlefield. [read post]
24 Jun 2021, 9:00 am
In doing so, the Court held that Section 717r(d)(1) of the federal Natural Gas Act, which provides that federal courts have exclusive jurisdiction over “civil actions” for review of an approval or denial of a permit or approval required by federal law, does not preclude state administrative agency review of state permitting decisions. [read post]
The court explained that the rule against hearsay does not apply if a party engages in wrongdoing that constitutes a waiver of the hearsay rule. [read post]
25 Oct 2016, 10:30 am by Daniel Cappetta
  While this case may not seem immediately relevant to criminal defense, it does in fact have an important impact. [read post]
20 Oct 2016, 12:39 pm by H. Scott Leviant
(Oct. 20, 2016), the Court of Appeal (Fourth Appellate District, Division One) held in a PAGA action that Labor Code § 226(a) "does not require employers to include the monetary value of accrued paid vacation time in employee wage statements unless and until a payment is due at the termination of the employment relationship. [read post]
“[T]he presidential-election requirement does not impose a severe burden on the SAM Party,” wrote Judge Park. [read post]