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27 Aug 2023, 3:56 pm by Andrew Warren
” Although the test’s threshold is viewed as relatively low, not all cases justify removal, and where the state opposes removal and offers persuasive reasons for why Mesa is not satisfied, the burden is very much on the removing party to provide specific reasons as to why the test is met.[6] The Mesa test remains good law and applies to all removals under section 1442.[7] “Although the statute is ‘liberally construed’… the Supreme Court has… [read post]
6 Jan 2017, 6:28 am
`[W]e will defer to the district court unless no reasonable person could adopt its view. [read post]
21 Dec 2016, 6:16 am
Mike Mulhall, a district investigator with Jefferson County Public Schools (JCPS), and Kays had already provided his e-mail contact list. [read post]
27 Mar 2012, 4:05 am by Marty Lederman
Perhaps that relative lack of attention is warranted, if (as many believe) it is highly unlikely a majority of Justices will be sympathetic to that challenge. [read post]