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12 Mar 2024, 1:46 pm
Justice Streeter authors a thoughtful 46-page opinion involving complicated details about certificates of appealability in state habeas cases. [read post]
12 Mar 2024, 1:46 pm by Emily Harbison and Heather Raun
” Employers can breathe a little easier with the 2023 rule vacated but should ensure they are complying with the 2020 joint employer rule while staying abreast of further developments, including what will likely include an appeal to the Fifth Circuit. [read post]
12 Mar 2024, 5:41 am by Jon Hyman
The court of appeals had little difficulty affirming the dismissal sanction" "There was ample circumstantial evidence that Jones intentionally destroyed a significant number of text messages and collaborated with others to do so…. [read post]
11 Mar 2024, 6:55 am by Trane Robinson
Yet the intermediate courts almost never exercise this option—so little so that “it is a newsworthy event these days when a lower court even tries for certification. [read post]
11 Mar 2024, 6:30 am by Guest Blogger
  Even though a hefty majority of Floridians, including Republicans, voted to relieve the ban, Governor Ron DeSantis (should one say “of course”) together with Republicans in the Florida legislature has done everything he could to minimize the actual importance of the Florida referendum, enabled, as well, by Republican judges on the Eleventh Circuit Court of Appeals and Republican judges friendly to state claims of “rationality. [read post]
10 Mar 2024, 7:42 am by Dave Maass
They still haven’t received the awarded records, and it’s possible that Augusta County will appeal. [read post]
8 Mar 2024, 1:50 pm by Anthony A. Fatemi, LLC
With the couple possessing so little credibility, the appeals court found no reason to overturn the denial of the couple’s asylum application. [read post]
8 Mar 2024, 8:00 am by Robert Kreisman
The defendants appealed to the state high court, which affirmed the award in part and reversed in part on the issue of disbursements and costs. [read post]
8 Mar 2024, 7:31 am by Julius Stobbs (Stobbs IP)
This would add little if anything to the other elements of s.10(2) and s.10(3) TMA, but it would add something to the other elements of s.10(1) TMA. [read post]
8 Mar 2024, 7:01 am by Stephanie Ellis
As you may know, applicants must also prove that they are economically disadvantaged, though the requirements to qualify as such are a little more objective. [read post]
8 Mar 2024, 4:59 am by Andrew Lavoott Bluestone
It is a little difficult to understand the claims in Peterec-Tolino v Ciacci2024 NY Slip Op 01259 Decided on March 07, 2024 Appellate Division, First Department. [read post]
7 Mar 2024, 9:16 am by Eugene Volokh
As our court of appeals explained in Mulligan: Retaliation claims involving government speech warrant a cautious approach by courts. [read post]
7 Mar 2024, 6:08 am by Samuel Bray
It amounts to little more than the negative power to disregard an unconstitutional enactment, which otherwise would stand in the way of the enforcement of a legal right. . . . [read post]
6 Mar 2024, 4:59 pm by INFORRM
Mr Banks’ claim was successful (on appeal) and his case was expressly described as not being a “SLAPP” by the first instance judge. [read post]
4 Mar 2024, 9:01 pm by Austin Sarat
I’m simply asking that this be looked at a little deeper before the unripened fruit is taken off the tree. [read post]
4 Mar 2024, 6:05 pm by Mark Ashton
Until ages 12-14 child interviews tend to offer little more than anxiety for the parties and the children. [read post]