Search for: "Fails v. Virginia State Bar" Results 381 - 400 of 765
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16 Jun 2010, 9:49 pm by Erin Miller
Martin Docket: 09-996 Issue: Whether, in federal habeas corpus proceedings, a state law under which a prisoner may be barred from collaterally attacking his conviction when the prisoner “substantially delayed” filing his habeas petition is “inadequate” to support a procedural bar because (1) the federal court believes that the rule is vague and (2) the state failed to prove that its… [read post]
5 May 2020, 5:03 am by Eugene Volokh
  West Virginia courts categorically forbid injunctions in libel cases (West Virginia is one of a small but significant minority of states that still take this view); given that federal courts follow that principle in permanent injunction cases arising under West Virginia law, the same principle should apply to preliminary injunctions as well. [read post]
2 Jun 2011, 12:46 pm by Bexis
App. 1991), the court barred pharmacist claims.KentuckyHyman & Armstrong, P.S.C. v. [read post]
16 Feb 2011, 5:26 pm by Katharine Van Tassel
There is a basic difference between direct state interference with a protected activity and state encouragement of an alternative activity consonant with legislative policy.This body of jurisprudence opens the door for programs like the one being pilot tested in West Virginia that I blogged on last week over at the Health Law Prof Blog. [read post]
15 Oct 2018, 7:05 am by Deborah Heller
West Virginia law allows state law enforcement recipients of four West Virginia retirement plans to exe [read post]
8 Apr 2010, 9:48 am by Bexis
  As far as we know there’s no state in the country – not even West Virginia – that imposes liability in a tort case when causation has “not. . .been definitely established” or “need not have been proved. [read post]
22 Oct 2015, 8:00 pm by John Ehrett
Rudin 15-324Issue: (1) Whether a later-overturned lower court decision accepting an untimely state habeas petition can equitably toll the federal habeas deadline when the prisoner was on notice that her state petition was filed late and she failed to file a protective federal petition per Pace v. [read post]