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13 Jun 2024, 7:29 am by Second Circuit Civil Rights Blog
The Court of Appeals has to determine whether this is a true disability discrimination case or a medical malpractice case which would have to be litigated in state court under a different set of legal standards. [read post]
13 Jun 2024, 7:17 am by Will Yeatman
… The Biden administration’s [rule] before us in this appeal is not meaningfully different from the prior administration’s rules that were backhanded by my two colleagues. [read post]
13 Jun 2024, 6:46 am by Heidi Sease Nebel
Supreme Court issued its landmark decision,  JEM in 2001, J.E.M. [read post]
13 Jun 2024, 6:32 am by Ellena Erskine
Here’s the Thursday morning read: What is the US SEC’s in-house court under Supreme Court review? [read post]
13 Jun 2024, 5:34 am by Patrick Bracher (ZA)
In May 2024 a Minnesota US appeal court held that a manufacturer’s warranty for a tractor to “repair or replace any part which is found to be defective in workmanship and material” unambiguously did not include design defects. [read post]
13 Jun 2024, 4:30 am by Lawrence Solum
Using Rahimi as our point of departure, we will summarize the case, highlight what we think are the significant open questions the Court should address, and then look at how the courts of appeals have answered those questions. [read post]
12 Jun 2024, 11:00 pm
SHE WAS FOUND TO HAVE NEGLECTED HER CHILDRENAfter the Bronx County Family Court concluded (subsequent to a fact-finding hearing) that the mother had neglected her kids, an appeal followed.On its review, the Appellate Division, First Department, noted that the “credible evidence” supported the conclusion that the mother had placed her young ones “at imminent risk of impairment of their physical, mental, or emotion health. [read post]
12 Jun 2024, 9:30 pm by ernst
No scholar has assembled a universe of data linking business operations, injuries, and claims to litigation and appeals. [read post]
12 Jun 2024, 3:24 pm by Brendan Gilligan
Courts—including the US Supreme Court—have recognized that cell phones contain the “sum of an individual’s private life. [read post]
12 Jun 2024, 11:43 am by Dylan Gibbs
Word choice aside, the Supreme Court didn’t support extreme confidentiality measures any more than the Court of Appeal. [read post]
12 Jun 2024, 10:33 am
Reuters has 5th Circuit scraps plans to adopt AI rule after lawyers objectA federal appeals court in New Orleans on Monday said it decided not to adopt what would have been a first-of-its-kind rule at the appellate level regulating the use of generative artificial intelligence by lawyers appearing before it. [read post]
12 Jun 2024, 9:40 am by Dennis Crouch
In the rehearing petition, Brumfield argues the improperly decided this fact-intensive causation issue sua sponte, depriving Brumfield of the opportunity to present evidence on an issue that IBG never disputed below or on appeal. [read post]
12 Jun 2024, 8:45 am by Travis Andring
Court of Appeals for the District of Columbia Circuit for review, alleging that the new requirements were “unnecessary and overly burdensome. [read post]
12 Jun 2024, 8:17 am by Richard Reibstein Esq.
It noted that the California Supreme Court’s 2018 adoption of the “ABC Test” in the Dynamex case “caused this action to move through this Court, our court of appeals, the California Supreme Court, and back to this Court. [read post]