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15 Feb 2017, 9:22 am by Heidi A. Nadel
In federal court, Judge Young has ruled that the preponderance standard and the second prong of the analysis as interpreted by our state courts, would violate the Seventh Amendment right to trial by jury for claims typically afforded a jury in federal court. [read post]
2 Feb 2017, 1:22 pm by Andrew Hamm
Ed. 2d 97 (2015) (joined opinion) Tax Injunction Act “deprived the district court of jurisdiction to enjoin Colorado’s tax collection effort, we remand to the district court to dismiss DMA’s Commerce Clause claims” Energy & Env’t Legal Inst. v. [read post]
2 Feb 2017, 12:56 am by Kevin LaCroix
The association and Sloane filed a civil action seeking a judicial declaration that they were entitled to coverage under the policy. [read post]
26 Jan 2017, 9:13 am by Lawrence B. Ebert
P. 1 ("to secure the just, speedy, and inexpensive determination of every action"), and of the growing judicial recognition of the many benefits of summary judgment. [read post]
12 Jan 2017, 7:29 am by Joy Waltemath
To have standing, a plaintiff must have “(1) suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that is likely to be redressed by a favorable judicial decision. [read post]
6 Jan 2017, 2:13 pm by Richard Huttner
Jefferson County District Court Judge Philip McNulty sentenced Martinez to six years in prison. [read post]
5 Jan 2017, 11:37 am by Heidi A. Nadel
“no substantial basis” test allows parsing and dismissal of portions of a single claim, and at least one federal district court judge altering the Supreme Judicial Court’s test significantly as applied to anti-SLAPP motions filed in federal court to avoid Seventh Amendment jury right problems.And 2017 already promises to continue the life-of-its-own trend of anti-SLAPP litigation.Be warned, this is a long post.Spoiler Alert: The anti-SLAPP statute remains… [read post]
5 Jan 2017, 11:37 am by Heidi A. Nadel
“no substantial basis” test allows parsing and dismissal of portions of a single claim, and at least one federal district court judge altering the Supreme Judicial Court’s test significantly as applied to anti-SLAPP motions filed in federal court to avoid Seventh Amendment jury right problems.And 2017 already promises to continue the life-of-its-own trend of anti-SLAPP litigation.Be warned, this is a long post.Spoiler Alert: The anti-SLAPP statute remains… [read post]
5 Jan 2017, 11:37 am by Heidi A. Nadel
“no substantial basis” test allows parsing and dismissal of portions of a single claim, and at least one federal district court judge altering the Supreme Judicial Court’s test significantly as applied to anti-SLAPP motions filed in federal court to avoid Seventh Amendment jury right problems.And 2017 already promises to continue the life-of-its-own trend of anti-SLAPP litigation.Be warned, this is a long post.Spoiler Alert: The anti-SLAPP statute remains… [read post]
5 Jan 2017, 6:32 am by Joy Waltemath
A former employee’s employment discrimination case was properly dismissed with prejudice after a federal district court found he engaged in witness tampering, ruled the Seventh Circuit. [read post]
2 Jan 2017, 4:21 pm by Kevin LaCroix
There were a total of 35 securities suits filed in the Northern District of California in 2016, and another 31 filed in the Central District of California. [read post]
30 Dec 2016, 8:08 am by MBettman
In a split decision, the Seventh District Court of Appeals denied Moore’s application for delayed reconsideration, finding that he failed to show an extraordinary circumstance in filing his delayed application because Graham applied only to a sentence of life without possibility of parole, and thus did not apply to his case. [read post]
22 Dec 2016, 4:21 pm by Jon
Those rights (except for the twenty dollar rule of the Seventh) pre-existed the Constitution, and would be as judicially enforceable as they are when listed. [read post]
22 Dec 2016, 4:21 pm by Jon
Those rights (except for the twenty dollar rule of the Seventh) pre-existed the Constitution, and would be as judicially enforceable as they are when listed. [read post]