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 In Yamaha, the Court held that courts of appeals could exercise jurisdiction over any question that is included within an interlocutory order, regardless of whether the district court identified that portion of the order as a controlling question of law. [read post]
 In Yamaha, the Court held that courts of appeals could exercise jurisdiction over any question that is included within an interlocutory order, regardless of whether the district court identified that portion of the order as a controlling question of law. [read post]
20 Jan 2021, 1:21 pm
Circuit Judge Neomi Rao, the first South Asian-American woman on a federal appeals court; and Judge Richard E. [read post]
20 Jan 2021, 9:00 am by Public Employment Law Press
” In the words of the court, "there can be no question that [the Employer] proffered legitimate, non-retaliatory reasons for disciplining and ultimately terminating [Plaintiff]" and based on the totality of the record, the Circuit Court of Appeals said it agreed with the federal district court that "a rational jury could not find that retaliation was the but-for cause of the actions taken against [Plaintiff]. [read post]
20 Jan 2021, 8:26 am by Amy Howe
After the district court sent the case back to state court, the companies appealed to the U.S. [read post]
20 Jan 2021, 6:01 am by J Eric Lockridge and Katilyn Hollowell
  The Seventh Circuit Court of Appeals agreed that by retaining the debtors’ cars, the City had acted “to exercise control over” their property, in violation of the automatic stay. [read post]
20 Jan 2021, 5:01 am by Jacob Schulz
  Twelve of the defendants appealed their trial court convictions to the Second Circuit, but the appeals court rejected the appeal in a short opinion and reaffirmed the lower court’s decision. [read post]
19 Jan 2021, 1:22 pm by John Timmer
(credit: John Greim / Getty Images) Today, the US Court of Appeals for the District of Columbia vacated the Trump administration's attempt to take a minimalist approach to the regulation of carbon dioxide emissions. [read post]
After obtaining, and defending on appeal, an administrative order, the FTC could then pursue monetary relief in federal court, using Section 19 of the FTC Act. [read post]
19 Jan 2021, 10:43 am by Daniel J. Hemel
Second, the fact that the framers of the 14th Amendment categorized member of Congress and federal civil office as banned offices does not necessarily mean that they understood legislators not to be civil officers. [read post]
19 Jan 2021, 10:43 am by Gerard Magliocca
Second, there is the question of whether Section 3 is self-enforcing. [read post]
19 Jan 2021, 9:27 am by Arnold Wadsworth Coggins
Harper  (Harper) appeals the district  court’s  order denying his petition to modify custody. [read post]
19 Jan 2021, 6:09 am by Erin Kilgore and Zoe Vermeulen
Court of Appeals for the Fifth Circuit vastly changed the landscape for collective action wage and hour claims under the federal Fair Labor Standards Act. [read post]
18 Jan 2021, 7:58 pm by Arthur F. Coon
The Fifth District Court of Appeal found numerous defects in the EIR for Kern County’s ministerial ordinance for oil and gas well permitting. [read post]
18 Jan 2021, 12:31 pm by Amy Howe
Baltimore asked the district court to send the case back to state court, and the district court agreed. [read post]
15 Jan 2021, 12:52 pm
., the day after the Inauguration, with Dean Erwin Chemerinsky of the UC Berkeley School of Law and Justice Brian Hoffstadt of the Second District Court of Appeal, moderated by LASC Judge Serena Murillo. [read post]
15 Jan 2021, 12:05 pm by Greg Mersol
While “conditional certification” orders are not generally viewed as appealable, in Swales the district court simultaneously conditionally certified the case and certified the case for interlocutory appeal, granting the Court of Appeals a unique opportunity to review the process. [read post]