Search for: "Matter of Cert. of a Question of Law"
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26 Nov 2012, 3:35 am
One searches the Branch opinion in vain for any such rule of law; the decision doesn’t even contain a syllabus. [read post]
20 Nov 2020, 10:54 am
Wolf allowed courts to apply “neutral principles of law” to resolve such matters, though courts could still defer. [read post]
22 Apr 2020, 10:27 am
Now that we know that SCOTUS will weigh in on a question that has been percolating for years, the big question is, of course, how the Court will rule. [read post]
Can fishermen be required to pay for federal monitors? And by the way – should Chevron be overruled?
30 Mar 2023, 10:31 am
But in addition to that plain-vanilla administrative law question, the petition has a second question that is a potential blockbuster: Whether the court should overrule Chevron or at least clarify whether statutory silence about the matter of payment constitutes an ambiguity requiring deference to the agency. [read post]
26 Apr 2017, 7:43 am
Estis Well Serv., L.L.C., 768 F.3d 382 (5th Cir. 2014), cert. denied, 135 S. [read post]
26 Apr 2017, 7:43 am
Estis Well Serv., L.L.C., 768 F.3d 382 (5th Cir. 2014), cert. denied, 135 S. [read post]
31 Oct 2008, 3:51 am
The CAFC today decided a much-anticipated patent law case, In re Bilski. [read post]
22 Oct 2021, 6:45 am
Additionally, the jurisdiction of the Ninth Circuit rests on a federal question, not a diversity matter, so the Ninth Circuit should apply the federal common law test. [read post]
6 Feb 2019, 8:47 am
A pending cert. petition asks the U.S. [read post]
24 Jul 2012, 8:18 am
1981), cert. den., 454 U.S. 1085; Dr. [read post]
24 Jul 2012, 8:18 am
1981), cert. den., 454 U.S. 1085; Dr. [read post]
25 Jun 2024, 3:07 pm
So the principal question on which the Smith Court granted cert was whether that was a valid argument. [read post]
29 Dec 2011, 2:43 am
” admitted for the truth of the matter asserted? [read post]
6 Nov 2009, 1:52 am
This begs the question what is a sufficient connection. [read post]
23 Mar 2017, 8:24 am
(No justice mentioned the Mendezes’ briefed argument that the county’s cert petition had presented three questions but then reduced them to two somewhat different questions at the merits stage.) [read post]
7 Dec 2022, 12:58 pm
By reversing on the grounds of the appellate court’s procedural overreach, the Supreme Court dodged the substantive question of whether the law is unconstitutionally overbroad. [read post]
25 Sep 2017, 3:32 pm
(Pls.' Renewed Mot. for Class Cert., App. [read post]
13 Dec 2016, 5:57 am
The Supreme Court is surely going to find this question right back on their doorstep next year. [read post]
15 Mar 2023, 7:19 am
., arguing that the settled order included findings that he had violated the securities laws. [read post]
25 Nov 2013, 7:55 am
App. 4th 805, cert. denied, 534 U.S. 1041 (2001), a California Court of Appeals launched a tsunami of wage and hour litigation against the insurance industry by holding that certain Farmers claims adjusters were non-exempt as a matter of law. [read post]