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30 Jun 2020, 4:00 am by CMS
The Commission’s decision was upheld by the Court of Justice of the European Union in 2014 (the “CJEU Decision”). [read post]
30 Jun 2020, 1:47 am by Neil Wilkof
This principle is more common in countries such as France, Belgium or the Netherlands, and has already been applied in the context of patent litigation [see e.g, the Dutch decision in Apple v Samsung (here)]. [read post]
29 Jun 2020, 11:32 pm by Josh Blackman
(Justice Kavanaugh cited himself again in Agency for Int'l Development v. [read post]
28 Jun 2020, 9:00 pm by Rodger Citron
” Chief Justice Roberts then moved on to Justice Kagan.Cards Close to the Vest: Questioning by Justices Gorsuch and KavanaughMuch has been made of the fact that President Trump’s appointees, Justice Gorsuch and Justice Kavanaugh, did not agree in Bostock v. [read post]
27 Jun 2020, 5:11 am by Andrew Delaney
Petitioner wanted SCOV to follow the lead of the Big Court in Martinez v. [read post]
26 Jun 2020, 5:21 am by Andrew Lavoott Bluestone
“Under the circumstances, we find that, although plaintiff delayed in seeking an extension of his time to re-serve the complaint, the motion court appropriately exercised its discretion when it extended plaintiff’s time in the interest of justice (CPLR 306-b), as plaintiff established the existence of several relevant factors weighing in favor of an extension (see Leader v Maroney, Ponzini & Spencer, 97 NY2d 95, 104-105 [2001]; Chase Home Fin. [read post]
26 Jun 2020, 3:47 am by Edith Roberts
At the Appellate Advocacy Blog, Michael Gentithes suggests that the textualist approach applied by Justice Neil Gorsuch in Bostock v. [read post]
25 Jun 2020, 7:00 am by Guest Blogger
Benjamin EidelsonThis post offers preliminary analysis of DHS v. [read post]
25 Jun 2020, 4:00 am by Deanne Sowter
More recently, in Alsawwah v Afifi, 2020 ONSC 2883, Justice Kurz held that a lawyer’s “role as advocate should often be as rational counsel not flame-throwing propagandist. [read post]
24 Jun 2020, 9:01 pm by Austin Sarat
While these cases give judges a chance, as Peter Henning says, to “wax eloquent about the need for fair administration of justice under the Equal Protection Clause’s clear limit on a prosecutor’s discretion,” in the end courts have been reluctant to impose stringent requirements.Writing in the case of Newman v. [read post]
24 Jun 2020, 8:46 pm by Jamie Markham
Almost ten years after the Justice Reinvestment Act established a new statutory definition of absconding from probation, we’re starting to get a better sense of what behavior does and does not rise to the level of absconding. [read post]
24 Jun 2020, 7:23 pm by David Oscar Markus
See Chief Justice Taney, License Cases, 5 How. 504, 12 L.Ed. 256, recanting views he had pressed upon the Court as Attorney General of Maryland in Brown v. [read post]