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29 Jul 2017, 5:32 pm
To survive a motion to dismiss, a complaint must "contain sufficient factual matter, accepted as true, `to state a claim to relief that is plausible on its face.'" Ashcroft v. [read post]
21 Oct 2018, 9:01 pm
That matters because what is now at the heart of the partisan divide is something so visceral and core to who we are that it makes it difficult to view political disagreements only as political disagreements. [read post]
17 Apr 2012, 10:58 am
Miller, 51 S.W.3d 583, 587 (Tex. 2001). [read post]
16 Jul 2013, 9:01 pm
Why would the California Supreme Court be inclined to stay out of this matter? [read post]
4 Feb 2008, 8:23 am
Boyar & Miller, P.C., No. 06-1936, 2007 U.S. [read post]
14 Mar 2011, 7:13 am
Per Person $25.00 Per Couple $40.00 ~~~ For those who aren’t familiar with Mandelman Matters, here’s what a few readers have to say… You have a talent that I’ve not heard since Dennis Miller…and we definitely need more of your Obama-filtering since God knows we can’t figure out what the heck he’s talking about. [read post]
19 Aug 2011, 6:00 am
For historians, this is exactly why they matter. [read post]
19 Jul 2020, 7:17 am
” * Search Engine Land: Google to allow removal of counterfeit goods from search results Content Issues * In the Matter of Seizure of: Any and all funds held in Republic Bank of Arizona Accounts, 2019 WL 8892585 (D. [read post]
5 Dec 2013, 9:01 pm
A Key Question: The Scope of State Legislative Power Under Article I, Section 4 With those caveats, let us turn to the heart of the matter, namely, whether a state legislature can be allowed to nominate a candidate for federal legislative office and direct that candidate’s name be placed on the general election ballot bearing the designation “State Legislative Candidate. [read post]
7 Feb 2012, 3:45 pm
Even though Plaintiff fell within the second McCloud category, the presumption of insubordination will only apply if her statement related her policy view on a matter related to her employment. [read post]
27 Mar 2023, 5:26 am
Miller told the parties that while the panel opposed delaying oral argument, they would wait to issue an opinion in the appeal until the Supreme Court ruled. [read post]
26 Jun 2009, 4:14 am
Matter of Olga BARCENAS-BARRERA, Respondent File A093 086 418 - Houston, Texas Decided June 19, 2009 U.S. [read post]
24 Jan 2019, 9:01 pm
But neither of those observations addresses the key question in this case: what, if anything, in the federal Constitution interferes with a state’s control over its subdivisions, which control is ordinarily a matter reserved for state law? [read post]
29 Aug 2012, 2:44 pm
As a general policy matter, when the public interest in the disclosure outweighs the harm to the company from disclosure, the court may justifiably compel disclosure. [read post]
2 Mar 2012, 7:36 am
(3) When creations become big or concrete enough to be treated as meaningful under copyright law—Justin Hughes and Size Matters. [read post]
13 Jan 2008, 4:47 pm
In this shareholder derivative action, plaintiffs Thomas Auletta, Barbara Bencosme, and Phillip Miller Trust (collectively "Plaintiffs") appeal the district court's dismissal of their complaint for failing to allege, with adequate particularity, that a demand would be futile, and the district court's denial of their Rule 60(b) Motion for Relief from the Judgment. [read post]
14 Dec 2023, 2:38 pm
Ct. 1530 (2015) and distinguished the issue-date focus of the classic Supreme Court case of Miller v. [read post]
17 Aug 2021, 12:14 pm
For instance, Kean Miller is a regional law firm with 160+ attorneys in Louisiana and Texas. [read post]
27 Dec 2018, 9:01 pm
There is good authority (at least in the US Courts of Appeals) that “shall issue” means “must issue,” and since Governor Ducey has failed to start the vacancy-filling election machinery by issuing election writs, he has flouted his responsibilities under the plain language of the Amendment.Whether, when he does issue election writs, he can abide by the November 2020 date for a vacancy-filling election embodied in Arizona law is a tougher matter. [read post]
31 May 2018, 9:01 pm
But even as the lawsuit seeks to attach some legal flesh onto the political bones of the dispute, the litigation also highlights two recurring problems with the debate so far: (1) the term “sanctuary” is too broad, as a legal matter, insofar as it is used as an umbrella to cover many state and local actions that are very different (legally speaking) from one another; and (2) the legal positions advanced by the federal administration and ambitious states like California are both… [read post]
