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Court agrees to hear Title VII employer discrimination case
30 Jun 2023, 3:28 pm by Amy Howe
Court of Appeals for the 5th Circuit upheld the 1890 provision. [read post]
SCOTUSblog - http://www.scotusblog.com/
[Eugene Volokh] "'We Came Here to Exclude the Negro. Nothing Short of This Will Answer.'"
30 Jun 2023, 11:52 am by Eugene Volokh
The Court of Appeals for the Fifth Circuit properly recognized that, under this Court's settled precedent, the mere passage of time cannot insulate from constitutional challenge a law that was invidious at its inception. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Florida’s Anti-Technical Statute Sinks Travelers Denial 
30 Jun 2023, 3:00 am by Chip Merlin
  We reversed the District Court because we found Captain Danti’s expert opinion relied on facts about which there was reasonable dispute. [read post]
Property Insurance Coverage Law Blog - http://www.propertyinsurancecoveragelaw.com/
10th Circuit endorses presumption of Lanham Act false advertising injury in mostly two-player market
29 Jun 2023, 5:15 am by Rebecca Tushnet
That court also awarded fees for various discovery improprieties, which the court of appeals upheld. [read post]
43(B)log - http://tushnet.blogspot.com/
Ninth Circuit: Additional Information on Back of Packaging can Defeat Deceptive Labelling Claim
28 Jun 2023, 3:09 pm by Jaikaran Singh and Kelsey Finn
After the district court granted the defendant’s motion to dismiss, the plaintiff appealed. [read post]
Consumer Class Defense Counsel - https://www.foley.com/en/insights/blogs/consumer-class-defense-counsel
Second District Affirms Judgment Upholding City of Pomona’s Commercial Cannabis Permit Program Overlay District As CEQA-Exempt Under Statutory Exemption Provided In Guidelines Section 15183 For Projects Consistent With Development Density Established By Existing Zoning, General Plan, Or Community Plan for Which EIR Was Certified; Holds Substantial Evidence Standard of Review Applies To Lead Agency’s Finding of Exemption
27 Jun 2023, 3:15 pm by Arthur F. Coon
City of Dublin (2013) 214 Cal.App.4th 1301, 1311.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
U. S. Supreme Court declined to review 4th Circuit decision striking down charter school's dress code
27 Jun 2023, 8:00 am by Public Employment Law Press
"The 4th U.S. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
U. S. Supreme Court declined to review 4th Circuit decision striking down charter school's dress code
27 Jun 2023, 8:00 am by Public Employment Law Press
"The 4th U.S. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Second Circuit holds that, despite the erroneous jury instructions defining the “crime of violence” required for a § 924(c) conviction — allowing the jury to convict the Petitioners based on predicate offenses that didn’t necessarily require the actual or threatened use of force — the Petitioners failed to show that the instructional errors “resulted in prejudice that would entitle them to the relief they [sought] under 28 U.S.C. § 2255.” Nardino Colotti, et al. v. United States, Nos. 21-932(L), 21-937(CON), 21-950(CON), 21-992(CON), 21-1548(CON), __ F.4th ____ (2d Cir. June 21, 2023) (C.J.J.’s Leval, Parker, Menashi).
26 Jun 2023, 11:37 am by Darrell Fields
Background This is an appeal from a district court judgment denying the Petitioners’ motions, pursuant to 28 U.S.C. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Sixth Amendment does not require that counsel be clairvoyant to be effective.
24 Jun 2023, 5:43 pm by Frank Heft
Although the district court agreed with Mr. [read post]
Sixth Circuit Blog - http://circuit6.blogspot.com/
Relief under 28 U.S.C. § 2255 must relate to “custody.”
24 Jun 2023, 5:36 pm by Frank Heft
The Sixth Circuit disagreed because the case came to the court as an appeal from a collateral attack and not on direct appeal. [read post]
Sixth Circuit Blog - http://circuit6.blogspot.com/
Sentence of 48 months in revocation proceeding held to be procedurally and substantively unreasonable.
24 Jun 2023, 5:25 pm by Frank Heft
Morris, --- F.4th --- (6th Cir. 2023). [read post]
Sixth Circuit Blog - http://circuit6.blogspot.com/
North Carolina seeks to enforce undercover workplace-recording ban against PETA
24 Jun 2023, 11:35 am by Kalvis Golde
Court of Appeals for the 4th Circuit ruled in favor of Food Lion, although the North Carolina Supreme Court later undid a part of that ruling. [read post]
SCOTUSblog - http://www.scotusblog.com/
Case Summaries: Fourth Circuit Court of Appeals (May 2023)
20 Jun 2023, 12:00 pm by Phil Dixon
The plaintiff appealed, arguing that the district court erred in granting summary judgment to the two other officers and to the city. [read post]
North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/
Missing the Forest For the Trees: First District Reverses Trial Court, Upholds Project Description And Impact Analysis In Regents’ EIR For Vegetation Removal Projects To Reduce Wildfire Risk At UC Berkeley Hills Campus
20 Jun 2023, 8:42 am by Arthur F. Coon
In a published opinion filed June 9, 2023, the First District Court of Appeal (Div. 3) reversed the trial court’s judgment granting a writ of mandate in consolidated CEQA actions and upheld the adequacy of the UC Regents’ EIR for vegetation removal actions planned to occur within about 800 acres of hilly, forested and fire-prone land on UC Berkeley’s Hill Campus. [read post]
CEQA Developments - http://www.ceqadevelopments.com
U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)
20 Jun 2023, 6:07 am by Eric Goldman
Factual Background (The facts are taken primarily from the Supreme Court’s opinion, with selected facts added from the District Court’s opinion.) [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
Third Circuit Deems Federal Felon-in-Possession Law Unconstitutional
19 Jun 2023, 5:08 am by Jeff Welty
Range appealed. [read post]
North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/
Does the Americans with Disabilities Act cover gender dysphoria?
15 Jun 2023, 1:09 pm by John Elwood
Court of Appeals for the 4th Circuit reversed, concluding that the current understanding of “gender dysphoria” is distinct from the definition of “gender identity disorder” that was current at the time of the ADA’s enactment, which the American Psychiatric Association has since removed from the Diagnostic and Statistical Manual of Mental Disorders. [read post]
SCOTUSblog - http://www.scotusblog.com/
Fifth District Holds Harm To Public Interest In Informed Decisionmaking Must Be Considered By Court In Deciding Whether To Grant Preliminary Injunction In CEQA Case
15 Jun 2023, 12:10 pm by Arthur F. Coon
In a published opinion filed June 7, 2023, the Fifth District Court of Appeal held the trial court erred in applying California’s interrelated factors test to deny a preliminary injunction in a CEQA case. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Jeffrey P. Gale, P.A. // Protecting Privacy and Privilege Rights in Non-Party Requests for Documents
15 Jun 2023, 12:01 pm by Jeffrey P. Gale, P.A.
An appeals court in Washington, D.C. agreed. [read post]
Florida Injury Attorney Blawg - http://www.floridainjuryattorneyblawg.com/