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16 Dec 2019, 8:43 am
In the certiorari petition denied Monday, counsel for the city of Boise, Idaho, had called on the high court to strike down a Ninth Circuit ruling that restricted the city’s authority to address homelessness through the use of criminal penalties. [read post]
13 Dec 2019, 1:52 pm
You may then petition to seal those records. [read post]
13 Dec 2019, 12:27 pm
These procedural changes which will become effective in early April 2020 are welcome news for they go a long way towards re-leveling the playing field for employers when they litigate election issues and conduct election campaigns. [read post]
13 Dec 2019, 10:01 am
Then his petition took some interesting turns, and long story short, SCOV reversed an appeal, making it more possible that his case will get another look.It is very common for people under sentence to file post-conviction petitions pro se, or on their own. [read post]
13 Dec 2019, 9:06 am
Background The TCPA is an anti-SLAPP (Strategic Lawsuit Against Public Participation) statute allowing litigants to seek early dismissal of a lawsuit if the legal action is based on, or is in response to, a party’s exercise of the right of free speech, right to petition, or right of association. [read post]
13 Dec 2019, 5:50 am
Drafted by the legislature into Penal Law 155.05(1), to violate either misdemeanor Petit Larceny or any degree of felony Grand Larceny, you must have the intent to deprive another person of his or her property or appropriate the same for yourself or another party. [read post]
11 Dec 2019, 8:04 am
How Long Does an EOP Last? [read post]
10 Dec 2019, 6:50 pm
The basic idea here is that even if the petition is time-barred, patentability could be raised in an ex parte reexamination or in a district court declaratory judgment challenge, or by a separate petitioner who was not time-barred: CHIEF JUSTICE ROBERTS: [speaking about ex parte reexam] Well, it’s different, I’ll give you that, but, I mean, it’s focused on the same ultimate question. . . . [read post]
10 Dec 2019, 1:22 pm
This goes a long way toward assuaging any fear they have. [read post]
10 Dec 2019, 12:39 pm
Those are largely legal judgments, which we can address through the traditional tools judges have long used. [read post]
10 Dec 2019, 3:52 am
Williams podcast presents an interview with Micheal Baca, whose challenge to a Colorado law that requires electors to vote for specific standards gave rise to a cert petition pending in the Supreme Court. [read post]
9 Dec 2019, 9:05 pm
-based Center for Food Safety (CFS) stated in the Monday petition. [read post]
8 Dec 2019, 8:00 am
The report released by the House Intelligence Committee on Dec. 5 is a thorough document: 300 pages long with over a thousand footnotes. [read post]
6 Dec 2019, 2:14 pm
This afternoon Trump added a third filing, this time asking the justices to block a lower-court ruling that upheld subpoenas for Trump’s financial records to Deutsche Bank, which has long been Trump’s biggest lender, and Capital One. [read post]
6 Dec 2019, 10:16 am
” A second factor in determining a standard of review, Monasky argues, is whether there is a “long history of appellate practice” using a particular test. [read post]
6 Dec 2019, 9:02 am
So you would expect some clear indication, I think, from Congress if they were going to upend that long-standing practice in repeating the ‘second or successive’ language. [read post]
6 Dec 2019, 3:55 am
For The New York Times, Adam Liptak reports that this “follows a petition filed last month about a similar subpoena from Manhattan prosecutors”; “[b]oth cases are moving fast, and the court could announce as soon as Dec. 13 whether the justices will hear them. [read post]
5 Dec 2019, 3:47 pm
That said, Judge Grady’s “Order Concerning Format of Fee Petitions,” Cristancho v. [read post]
5 Dec 2019, 1:12 pm
The justices ordered lawyers for Trump to file a petition for review of the D.C. [read post]
5 Dec 2019, 11:11 am
But you’ve been around law school long enough to know that what’s true in fact may not be true as a matter of law. [read post]