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15 Jan 2019, 6:20 am by Second Circuit Civil Rights Blog
The Court also says the trial judge exceeded her authority in prohibiting the defendant from accessing adult pornography.The case is United States v. [read post]
5 Nov 2008, 1:42 am
The United States Supreme Court has agreed to examine, for the second time in two years, the crucial issue of punitive damages in the exclusive context of maritime law, our friends at Cal Punitives report. [read post]
1 Apr 2010, 11:21 am by James Bickford
Smith had failed to establish that the decision of the Michigan Supreme Court “involved an unreasonable application of clearly established Federal law as determined by the Supreme Court of the United States” — the standard of review for habeas petitions after the enactment of the Antiterrorism and Effective Death Penalty Act of 1996. [read post]
14 Dec 2014, 2:04 pm by Larry
In this Appeal, the United States Circuit Court of Appeals for the District of Columbia affirmed that dismissal.There are two parts to a successful qui tam action, as private FCA cases are known. [read post]
5 May 2012, 1:00 pm by Michael M. O'Hear
On appeal, Setser argued unsuccessfully that the district court lacked authority to make a concurrent/consecutive decision relative to a state sentence that had not yet been imposed. [read post]
8 Nov 2008, 3:42 am
Oct. 1, 2008), the United States Court of Appeals for the Ninth Circuit held that a class action settlement bar limits only contribution, indemnity or other comparative fault claims against settling defendants where damages are calculated based on the amount of the non-settler’s liability to the class. [read post]
2 Mar 2018, 3:51 pm by Steven Boutwell
” The Second Circuit now joins the Seventh Circuit as the two Courts of Appeal to find that Title VII bars employment discrimination based on sexual orientation. [read post]
31 May 2011, 4:47 am by Second Circuit Civil Rights Blog
The Court of Appeals (Kearse, Miner and Chin) is so impressed with the district court's thorough reasoning that the Second Circuit simply adopts Judge Arterton's reasoning in pinpoint fashion, stating, "We adopt the district court's carefully considered and thorough discussion of these issues. [read post]
30 Mar 2022, 7:40 am by Seyfarth Shaw LLP
Kapadia Introduction On March 24, 2022, the Massachusetts Supreme Judicial Court (“SJC”) issued a much-anticipated decision in Patel, et al. v. 7-Eleven, Inc., et al. answering a certified question from the United States Court of Appeals for the First Circuit concerning the application of the Massachusetts independent contractor law (“ICL”) to franchise relationships. [read post]
30 Mar 2022, 7:40 am by Seyfarth Shaw LLP
Kapadia Introduction On March 24, 2022, the Massachusetts Supreme Judicial Court (“SJC”) issued a much-anticipated decision in Patel, et al. v. 7-Eleven, Inc., et al. answering a certified question from the United States Court of Appeals for the First Circuit concerning the application of the Massachusetts independent contractor law (“ICL”) to franchise relationships. [read post]
6 Nov 2006, 9:06 am
The United States Court of Appeals for the Eighth Circuit, also in St. [read post]
5 Dec 2018, 2:15 pm by Amy Howe
Court of Appeals for the 10th Circuit answered both questions in the affirmative, prompting Osage Wind to seek Supreme Court review. [read post]
27 Apr 2016, 10:45 am by Jerry Donnini, Esq.
It is somewhat comical that this case took center stage in a United States Court of Appeals. [read post]