Search for: "Fails v. Virginia State Bar"
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16 Jun 2010, 9:49 pm
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]
7 Jul 2014, 9:01 pm
Evansand United States v. [read post]
5 May 2020, 5:03 am
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]
16 Oct 2013, 6:31 am
Virginia. [read post]
28 Feb 2012, 6:00 am
GPC v. [read post]
16 Jan 2014, 6:20 am
Abbott Labs. v. [read post]
2 Jun 2011, 12:46 pm
App. 1991), the court barred pharmacist claims.KentuckyHyman & Armstrong, P.S.C. v. [read post]
16 Feb 2011, 5:26 pm
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
West Virginia law allows state law enforcement recipients of four West Virginia retirement plans to exe [read post]
8 Apr 2010, 9:48 am
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]
3 Jul 2017, 9:01 pm
Supreme Court ruled, in United States v. [read post]
28 Jun 2010, 11:00 am
Virginia). [read post]
28 Feb 2018, 1:26 pm
United States v. [read post]
28 May 2019, 2:08 pm
Barr of Virginia. [read post]
5 Oct 2021, 12:33 pm
(relisted after the Sept. 27 conference) West Virginia v. [read post]
22 Mar 2011, 8:40 am
More on Atkins v. [read post]
21 Sep 2023, 7:20 am
COVID-19 Pandemic Issues The Honorable Susan V. [read post]
22 Oct 2015, 8:00 pm
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]
29 Mar 2013, 10:44 am
The Sad State of Indigent Defense 50 Years after Gideon v. [read post]
7 Nov 2022, 5:56 pm
Here, the analogy fails. [read post]