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11 Apr 2011, 2:02 pm
So, it is with some surprise that I read, first an article, next a lawsuit, and finally, the exhibits in a foreclosure case in which the American Civil Liberties Union (ACLU) has filed an unusual pleading with the Second District Court of Appeal. [read post]
11 Apr 2011, 2:02 pm
So, it is with some surprise that I read, first an article, next a lawsuit, and finally, the exhibits in a foreclosure case in which the American Civil Liberties Union (ACLU) has filed an unusual pleading with the Second District Court of Appeal. [read post]
30 Jun 2021, 9:59 pm
No avid reader of this blog would consider me to be hostile to defendants. [read post]
4 Jun 2014, 2:59 pm
And it’s very troubling from not only a criminal defense perspective, but from a civil rights viewpoint as well. [read post]
12 Feb 2011, 2:58 pm
The "outer limits" of the right of privacy have never been established by the Mississippi Supreme Court and this may be a new up and coming civil right. [read post]
13 Jan 2025, 7:01 am
I’m not a civil procedure expert, but I’ve never heard of a court saying that waiving the right to challenge leave to amend is also a waiver of the right to file a rule 12 motion. [read post]
3 Mar 2010, 3:25 am
Court of Appeals for the 4th Circuit, making her the second Obama appointee on the Richmond-based court. [read post]
25 Sep 2012, 7:30 am
More Blog Posts: Appeals Court Reinstates Class Action Lawsuit Against Nursing Home Operator Alleging Rights Violations, Maryland Nursing Home Lawyer Blog, August 29, 2012 Medical Study of Hip Injuries Placed Over 1,300 Nursing Home Residents at Risk, Government Says, Maryland Nursing Home Lawyer Blog, August 7, 2012 Choking Deaths in Nursing Homes Lead to Calls for More Staff Training, Maryland Nursing Home Lawyer Blog, June 27, 2012 Photo credit:… [read post]
25 Sep 2012, 7:30 am
The defendant then filed a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure. [read post]
12 Feb 2024, 12:24 pm
Second, pursuing a civil remedy may not always be the wisest course of action to follow. [read post]
11 Mar 2025, 7:47 am
(It’s not mentioned here, but he later got the charges dropped and filed a civil-rights lawsuit against multiple government officials.) [read post]
9 May 2012, 6:17 am
Indeed, there is another counterfeit handbag battle pending before the Second Circuit. [read post]
1 Jul 2020, 4:05 am
Citing Second Circuit precedent, Judge McMahon further held that, as landlords can still make viable use of their property by renting apartments and collecting rents, they thus could not establish a regulatory taking.Similarly, in rejecting the Contracts Clause challenge, the court concluded that landlords should have reasonably foreseen that their lease agreements could be subject to further regulatory dictates. [read post]
1 Jul 2020, 4:05 am
Citing Second Circuit precedent, Judge McMahon further held that, as landlords can still make viable use of their property by renting apartments and collecting rents, they thus could not establish a regulatory taking.Similarly, in rejecting the Contracts Clause challenge, the court concluded that landlords should have reasonably foreseen that their lease agreements could be subject to further regulatory dictates. [read post]
Corporate Liability under the Alien Tort Statute of 1789 - Kiobel v. Royal Dutch Shell Petroleum Co.
26 Feb 2012, 2:28 pm
In 1980 the Second Circuit Court of Appeals revived the statute ruling in Filartiga v. [read post]
13 Apr 2012, 2:22 pm
Not a bad gig, and simple enough, right? [read post]
1 May 2019, 6:00 am
” The Second Circuit Court of Appeals reinstated a lawsuit alleging sex discrimination under federal, state, and New York City law. [read post]
21 Jul 2014, 8:10 am
As a Second Circuit judge put it: “The government came up with a crime, provided the means, and removed all relevant obstacles. [read post]
9 Jun 2014, 5:32 pm
Michael then moved to dismiss the lawsuit under chapter 27 of the Texas Civil Practice and Remedies Code. . . . [read post]
30 Sep 2016, 7:27 am
Title VII of the Civil Rights Act of 1964 prohibits various forms of discrimination in the workplace, including discrimination on the basis of sex. [read post]
