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27 Jun 2024, 11:19 am
In May 2022, a divided three-judge panel of the Fifth Circuit ruled in Jarkesy’s favor, holding, among other things, that the administrative courts, as currently constituted and structured, violate the Seventh Amendment’s right to a jury trial. [read post]
27 Jun 2024, 10:54 am
Vidal (Case No. 23-1231) I’ve previously written about this case which focuses the interplay between statutory provisions and old judge-made doctrines in patent law. [read post]
27 Jun 2024, 9:59 am
She also noted, “The Fifth Circuit relied on the District Court’s factual findings, many of which unfortunately appear to be clearly erroneous. [read post]
27 Jun 2024, 9:40 am
The Federal Circuit agreed with Elster, and held that Section 2(c) was also an unconstitutional regulation of expression as applied to Elster’s proposed mark. [read post]
27 Jun 2024, 9:29 am
The Fifth Circuit agreed to dismiss both indictments. [read post]
27 Jun 2024, 8:04 am
"Elizabeth Burch, Adam Zimmerman and I have made the same arguments in much more detail here, adding our view about the public benefits of litigation that are lost when bankruptcy is used to fully short-circuit the process as it was in the Sacklers' case. [read post]
27 Jun 2024, 7:58 am
Circuit. [read post]
27 Jun 2024, 7:34 am
On June 24, 2024, Judge Sam R. [read post]
27 Jun 2024, 7:29 am
This post summarizes Smith v. [read post]
27 Jun 2024, 6:00 am
Eleventh Circuit Judge Newsom ponders that very question in his concurring opinion in Snell v. [read post]
26 Jun 2024, 8:25 pm
" He repeats Judge Bumatay's exposure in Duncan v. [read post]
26 Jun 2024, 2:01 pm
The majority opinion summarized Judge Doughty’s fever dream: “The Fifth Circuit relied on the District Court’s factual findings, many of which unfortunately appear to be clearly erroneous” (see the details in FN4 of the majority opinion). [read post]
26 Jun 2024, 1:52 pm
A federal judge in Louisiana ruled for the plaintiffs. [read post]
26 Jun 2024, 12:12 pm
The court, in an opinion by Judge Raymond Gruender, joined by Judges Bobby Shepherd and Steven Grasz, upheld the district court's denial of some plaintiffs' motion to proceed pseudonymously: This circuit has not directly addressed the standard by which a litigant may proceed under a pseudonym…. [read post]
26 Jun 2024, 12:12 pm
[So holds the Eighth Circuit, concluding that the plaintiffs had sufficiently alleged that the "Black Lives Matter" signs were private speech, rather than government speech.] [read post]
26 Jun 2024, 10:55 am
Court of Appeals for the 9th Circuit allowed that order to stay in place while litigation continued. [read post]
26 Jun 2024, 10:11 am
The Fifth Circuit was wrong to do so. [read post]
26 Jun 2024, 6:50 am
Most recently with Judge Jacqueline Scott Corley denying Apple’s motion to dismiss. [read post]
26 Jun 2024, 6:16 am
Only one court — a 2-1 panel of Ninth Circuit judges — ruled in the Trump Administration’s favor, but even that declined to find that the termination decisions complied with administrative law, holding instead only that the courts lacked jurisdiction to review them. [read post]
25 Jun 2024, 9:05 pm
Court of Appeals for the Eleventh Circuit in Atlanta. [read post]
