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6 Sep 2024, 6:00 am by Public Employment Law Press
With respect to Petitioners' claim the Supreme Court should have granted their motion to remove the matter to federal court, the Appellate Division, citing Geiger v Arctco Enters., Inc., 910 F Supp 130, said "the right of removal is vested exclusively in [respondents and a petitioner] simply may not remove an action from a state court". [read post]
21 Sep 2009, 11:55 am
Martin, 348 F.3d 164 (6th Cir. 2003), in Lawrence v. [read post]
28 Jun 2010, 11:24 am by Jim Pravel
See, e.g., State Street, 149 F. 3d, at 1373; AT&T Corp., 172 F. 3d, at 1357. [read post]
3 Jun 2013, 7:33 am by Second Circuit Civil Rights Blog
Bethlehem Steel Corp., 958 F.2d 1176, 1187 (2d Cir. 1992).A good summary of where we stand on this issue is found in a recent Court of Appeals ruling, Henry v. [read post]
11 Jul 2016, 4:05 am by Howard Friedman
Samar, Toward a New Separation of Church and State: Implications for Analogies to the Supreme Court Decision in Hobby Lobby by the Decision in Obergefell v. [read post]
19 Aug 2024, 6:00 am by Public Employment Law Press
Rather, [the Second Circuit has] long stated that '[t]he function of the district court [when] considering the motion for summary judgment is not to resolve disputed questions of fact but only to determine whether, as to any material issue, a genuine factual dispute exists.' Kaytor v. [read post]
19 Aug 2024, 6:00 am by Public Employment Law Press
Rather, [the Second Circuit has] long stated that '[t]he function of the district court [when] considering the motion for summary judgment is not to resolve disputed questions of fact but only to determine whether, as to any material issue, a genuine factual dispute exists.' Kaytor v. [read post]
13 Sep 2019, 12:18 pm by Anna Malandra
The United States Court of Appeal for the Federal Circuit’s decision in Curver Luxembourg, Sarl v. [read post]
3 Dec 2006, 10:28 am
Righting Romm:  The Ninth Circuit blog explains how United States v. [read post]
9 Jul 2019, 12:57 pm by Rebecca Tushnet
Drape Creative, 909 F.3d 257 (9th Cir. 2018), the Honey Badger case, the Ninth Circuit began a process that could make Rogers v. [read post]