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26 Feb 2019, 11:23 am
The court responded that this argument “relies on a mistaken premise”: The motion for reconsideration does not toll the period for seeking permission to appeal; it affects the “antecedent issue” of when the 14-day period for seeking appeal begins to run. [read post]
22 Mar 2008, 9:21 am
While the lay people have been crowing about the "suspension" of habeas corpus (which probably never happened), some lawyers have made the argument that 28 USC 2241 (e)(2), does not remove the jurisdiction of the US Court of Appeals for the Armed Forces (an "Article I Court" staffed by civilian judges -- but if you don't know that you should not be reading this blog). [read post]
22 Jun 2010, 3:46 pm
At issue: how “crazy” does one have to be before one can vacate an agreement due to one’s mental illness? [read post]
10 Dec 2021, 3:15 am
Variances Under Rhode Island Law Variances in Rhode Island property cases are requested when a property’s proposed use does not meet the requirements of a zoning ordinance. [read post]
31 May 2017, 11:06 am
736 of the LGA or its predecessors does not prevent a plaintiff from commencing or maintaining an action; (2) unlike the more objective language of s. [read post]
20 Aug 2014, 2:27 pm
Maryland that the government relies on (often called the "third-party doctrine") does not apply. [read post]
27 Nov 2018, 9:38 am
On Tuesday, the Supreme Court ruled that a dispute over the dusky gopher frog needs to head back to a federal appeals court to decide the definition of one word: habitat. [read post]
3 Apr 2008, 5:35 pm
"Not only does Roommate ask these questions, Roommate makes answering the discriminatory questions a condition of doing business. [read post]
20 Jun 2024, 7:17 am
The Court of Appeals agreed with defendant regarding (1) and granted a new trial. [read post]
9 Sep 2008, 10:43 am
" The dissenters argued that the trial courtshould be ordered to conduct the evidentiary hearing it denied in 2007.Amnesty International opposes Troy Davis's death sentence unconditionally,as it does all use of the death penalty. [read post]
3 Dec 2019, 8:57 am
” Does the plain language of Rules 51 and 52 resolve this case? [read post]
23 Mar 2016, 3:38 am
In an order dated 22 March 2016, Lords Neuberger, Sumption and Hughes refused permission “because the application does not raise an arguable point of law“. [read post]
16 Jan 2007, 11:12 am
Lord Justice Jacob, as usual taking the lead in the Court of Appeal on IP matters, has upheld Mr Justice Pumfrey's earlier decision finding Angiotech's patent invalid for being obvious. [read post]
19 Aug 2016, 1:12 pm
The court also addressed causation, explaining that the underage person’s decision to drink does not constitute an intervening act necessary to break the chain of proximate causation, nor does it insulate one who provides alcohol to minors from liability for ensuing harm. [read post]
14 Jun 2017, 7:30 am
The Defence appealed. [read post]
30 Nov 2023, 6:52 am
Analyzing the impact, the court explained “[t]he inadvertence does not excuse the State; rather, it is relevant to show the absence of a flagrant constitutional violation. [read post]
22 Jul 2015, 1:07 pm
According to the Court of Appeals, EPA “provided a transparent, reasoned explanation of its decisions, considering all relevant information in the record” Moreover, the “statute does not mandate a particular method of cost-benefit analysis”. [read post]
14 Dec 2021, 8:15 pm
James Eberhardt learned this week that the Virginia Court of Appeals does not view as due moderation nor as lawful his practice of beating his nine-year-old daughter with a dog leash on multiple occasions. [read post]
11 Aug 2016, 6:00 am
What exactly does "solicit" mean though? [read post]
8 Dec 2009, 4:10 am
The following appeal was recently decided pertaining to DYFS cases and finding that corporal punishment, under the facts, did not constitute abuse or neglect. [read post]
