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In a case decided this week, the United States Court of Appeals for the Third Circuit turned government filing deadlines on their head by holding that federal Offices of the Inspector General (“OIG”) are not actually bound by the statutory language stating that the OIG “shall” issue an investigative report within 180 days after receiving a whistleblower complaint. [read post]
5 Apr 2023, 6:05 am by Jason P. Hipp
In 1984, the Second Circuit Court of Appeals ruled that Chile’s wholly owned airline was not subject to execution to satisfy the plaintiffs’ default judgment against Chile, acknowledging that its decision was “weighed down by somber thought,” and that it “may preclude the plaintiffs from collecting on their judgment. [read post]
5 Apr 2023, 3:33 am by Seán Binder
Circuit Court of Appeals rejected an emergency bid by former President Trump to block top aides from testifying in the special counsel investigation of his effort to subvert the 2020 election. [read post]
4 Apr 2023, 5:50 am by León Castellanos-Jankiewicz
Court of Appeals for the First Circuit in its civil complaint against seven gun manufacturers and one wholesale arms distributor. [read post]
4 Apr 2023, 2:30 am by Florian Mueller
Yesterday, the United States Court of Appeals for the Federal Circuit--which is based in Washington, D.C., and the only appeals court in the entire U.S. to which district court judgments in patent infringement cases can be appealed--handed down its decision in Ironburg Inventions Ltd. v. [read post]
3 Apr 2023, 10:16 am by Joshua Fox and David Gobel
On March 31, 2023, the United States Court of Appeals for the Fifth Circuit affirmed a National Labor Relations Board (“NLRB”) decision issued in 2021 (previously discussed here), which held that Tesla Inc. violated the National Labor Relations Act (“NLRA”) by (1) prohibiting employees from contacting the media in accordance with an overbroad confidentiality policy, and (2) its CEO, Elon Musk, tweeting the following to his 22… [read post]
3 Apr 2023, 10:16 am by Joshua Fox and David Gobel
On March 31, 2023, the United States Court of Appeals for the Fifth Circuit affirmed a National Labor Relations Board (“NLRB”) decision issued in 2021 (previously discussed here), which held that Tesla Inc. violated the National Labor Relations Act (“NLRA”) by (1) prohibiting employees from contacting the media in accordance with an overbroad confidentiality policy, and (2) its CEO, Elon Musk, tweeting the following to his 22… [read post]
3 Apr 2023, 10:16 am by Joshua Fox and David Gobel
On March 31, 2023, the United States Court of Appeals for the Fifth Circuit affirmed a National Labor Relations Board (“NLRB”) decision issued in 2021 (previously discussed here), which held that Tesla Inc. violated the National Labor Relations Act (“NLRA”) by (1) prohibiting employees from contacting the media in accordance with an overbroad confidentiality policy, and (2) its CEO, Elon Musk, tweeting the following to his 22… [read post]
30 Mar 2023, 3:54 pm
  It is unclear whether the plaintiff states will appeal this ruling. [read post]
30 Mar 2023, 3:54 pm by ccoleburn
  It is unclear whether the plaintiff states will appeal this ruling. [read post]
30 Mar 2023, 2:06 pm by Eugene Volokh
While the court is required to view all reasonable inferences in favor of the nonmovant, the Fourth Circuit Court of Appeals has long reasoned "permissible inferences must still be within the range of probability. [read post]
30 Mar 2023, 12:27 pm by Bobby Dexter
United States, Hanna and the firms argued that the IRS is required to notify them and that the summonses should therefore be quashed. [read post]
30 Mar 2023, 8:55 am by Lawrence Solum
Tonja Jacobi (Emory University School of Law) & Riley Clafton (United States Court of Appeals for the Ninth Circuit) have posted The Law of Disposable Children: Interrogations in Schools (Forthcoming, Alabama Law Review, Vol. 75, 2024) on SSRN. [read post]
29 Mar 2023, 4:20 pm by Mavrick Law Firm
Howard Johnson Franchise Sys., Inc., 954 F.2d 645 (11th Cir. 1992), the United States Court of Appeals for the Eleventh Circuit explained that, “where two or more documents are executed by the same parties, at or near the same time and concerning the same transaction or subject matter, the documents are generally construed together as a single contract. [read post]
29 Mar 2023, 7:00 am by Michael C. Dorf
Here's the abstract:Upon finding that a government program is unconstitutional, courts in the United States sometimes allow executive officials a grace period to wind it down rather than insisting on its immediate cessation. [read post]
28 Mar 2023, 5:00 am
Transit relied upon a previous decision out of the Third Circuit Court of Appeals which had previously held that N.J. [read post]