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17 Aug 2020, 4:11 pm by Jonathan H. Adler
Judges Cabranes and Menashi each wrote opinions dissenting from the denial, the latter joined by Judges Livingson and Sullivan. [read post]
17 Aug 2020, 4:28 am by Andrew Lavoott Bluestone
CPLR 3211 dismissals are granted more frequently than might be expected,  Dedaj v Berisha  decided on July 15, 2020 Appellate Division, Second Department is almost an exception. [read post]
14 Aug 2020, 3:05 pm by Jonathan H. Adler
Circuit granted the writ with respect to Secretary Clinton, but not with regard to Mills. [read post]
14 Aug 2020, 3:00 am by Jim Sedor
District Court Judge Emmet Sullivan abused his authority by scheduling a hearing on efforts to drop the case, which came despite Flynn’s pleading guilty to lying to the FBI and later reaffirming his plea. [read post]
14 Aug 2020, 2:00 am by Christopher Tyner
  A three judge panel of the court granted Flynn’s petition in a 2-1 decision but provided Sullivan the option to seek review by the en banc court, leading to the hearing this week. [read post]
31 Jul 2020, 9:41 am by Solomon L. Wisenberg
Circuit yesterday granted Judge Emmet Sullivan’s Motion for Rehearing En Banc, vacating a decision by one its three-judge panels, and will soon decide whether to grant General Michael Flynn’s Petition... [read post]
23 Jul 2020, 2:15 pm by Jennifer González
The Digital Resources Division at the Law Library has had years of experience with remote interns, so we were well-prepared for this pandemic situation and quarantine! [read post]
21 Jul 2020, 3:08 pm by Matt Gluck
On July 9, Judge Sullivan asked the D.C. [read post]
13 Jul 2020, 6:00 am by Christopher G. Hill
The Court granted the motion to vacate the default looking at several factors, including prejudice to Sullivan Mechanical, timeliness of the motion to vacate the default, the responsibleness or lack thereof of KBE’s actions, the availability of lesser sanctions, and, importantly, the availability of a meritorious defense to the claim. [read post]
6 Jul 2020, 5:54 am by Jed Handelsman Shugerman
One faction (“congressionalists”) thought it was Congress’s discretion to grant this power to the president (meaning that Congress retained the discretion to limit or reclaim that presidential power); another faction (Madison’s “presidentialists”) thought the Constitution itself established this power (and thus Congress had no power to take this presidential authority away). [read post]
2 Jul 2020, 7:47 am by Eugene Volokh
"Granting waivers to favored speakers (or, more precisely, denying them to disfavored speakers) would of course be unconstitutional," and may be declared so whenever "a pattern of unlawful favoritism appears. [read post]
1 Jul 2020, 9:22 am by Jonathan H. Adler
Circuit has granted the petition, Judge Luttig has some additional thoughts in the New York Times. [read post]
29 Jun 2020, 4:42 pm by John Jascob
Rather than narrowing the scope of Section 913(f) as the petitioners argued, Section 913(g) simply provides a separate grant of rulemaking authority. [read post]