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18 Sep 2019, 8:28 am by schlangerlaw
First, Midland asked the Second Circuit to reconsider its decision or hear the case en banc (i.e., in front of all thirteen active Second Circuit judges, instead of a three-judge panel). [read post]
14 Feb 2014, 12:00 pm by Mary Pat Dwyer
American United Life Insurance Company 13-455Issue: Whether Section 546(e) of the Bankruptcy Code eliminates the statutory power to avoid payments related to a securities transaction when a financial institution acts as a mere conduit for the transferred property, as the Second, Third, Sixth, and Eighth Circuits have held, or whether the financial institution must have a beneficial interest in the transferred property, as the Eleventh Circuit has held. [read post]
16 Aug 2013, 6:25 am by John Day
   The leading Tennessee civil case on point is Zakour v. [read post]
6 Sep 2023, 2:35 pm by Ben Sperry
This post is the second in a series on the right to anonymity. [read post]
24 May 2018, 12:14 pm by Famighetti & Weinick
On appeal, the Second Circuit determined that sufficient evidence in the record supported the causation element. [read post]
4 Mar 2025, 5:36 am by Sasha Volokh
Last week, I started blogging (and yesterday, I continued blogging) about my new article Expressive Discrimination: Universities' First Amendment Right to Affirmative Action, just published by the Florida Law Review. [read post]
11 Apr 2016, 4:00 am by Ray Dowd
Supreme Court, as well as amicus briefs and reply brief on the SCOTUS blog here.The U.S. [read post]
27 Apr 2009, 7:15 am
And this post on Volokh Conspiracy the same day: "Fifth Circuit Decision Illustrates Second-Class Status of Constitutional Property Rights. [read post]
24 Jan 2017, 8:07 am by ALDF
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]
31 Dec 2006, 2:43 am
Essentially, even if the state court complaint doesn't have a copyright claim, the federal court, on the remand motion, will analyze in a two part test (1) whether the work is within the subject matter of copyright and (2) whether the rights granted under state law are equivalent to exclusive rights granted to a copyright owner.Professor Patry's blog (No Pound of Copyright 12/27/2006) brought to my attention a Fifth Circuit case Pritchett v. [read post]
EPA, prohibits EPA from enforcing some aspects of EJ in Louisiana under Title VI of the federal Civil Rights Act, Louisiana’s public trust doctrine is purely a matter of state constitutional law and is not covered by that injunction. [read post]
3 Aug 2020, 3:30 am by Eric B. Meyer
So, did Defendant violate a federal anti-discrimination law like Title VII of the Civil Rights Act of 1964, for example? [read post]
29 Mar 2021, 8:26 am by Paul M. Adkins
QEP Energy Company, the Western District of Louisiana rejected, for the second time in this case, Plaintiffs’ claims seeking a disgorgement of QEP’s profits. [read post]
17 Oct 2017, 3:00 am by NCC Staff
Chase wanted the treason charges dismissed, but a second judge, John C. [read post]
25 Jan 2015, 9:01 pm by Michael C. Dorf
Court of Appeals for the Sixth Circuit, the Court indicated that it would legalize same-sex marriage nationwide before it adjourns in early summer. [read post]
25 Jan 2015, 9:01 pm by Michael C. Dorf
Court of Appeals for the Sixth Circuit, the Court indicated that it would legalize same-sex marriage nationwide before it adjourns in early summer. [read post]
12 Nov 2014, 9:06 am by Eric Goldman
  Second, the court must determine whether the plaintiff is likely to prevail. [read post]
9 Jan 2010, 10:28 am by KC Johnson
Second, the Durham attorneys are justifying their fees by drawing “the Court’s attention” to two 4th Circuit cases in which suits against cities or city employees were dismissed. [read post]