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The Court remanded the case to the trial court to further evaluate whether a revised Delta Plan corrected the errors identified. [read post]
29 May 2020, 3:00 am by Jim Sedor
It is a three-front battle, playing out in the courts, in federal and state Legislatures, and on the campaign trail. [read post]
28 May 2020, 8:00 am by Robert Kreisman
A reviewing court may not disturb the exercise of discretion by a trial court in the absence of a clear abuse thereof appearing in the record. [read post]
27 May 2020, 12:50 pm by Jon Sands
Editorial note: FPD Az was trial counsel on this capital matter.How can one learn of juror racial bias under Pena-Rodriguez v. [read post]
27 May 2020, 11:08 am by Jonathan H. Adler
Here's a taste: Luttig argues in his op-ed that the appeals court should step in to replace the advisory counsel that Sullivan selected to argue against the motion to dismiss, block the receipt of briefs from friends of the court (including one in which I participated), and name a new trial court judge to oversee the case. [read post]
27 May 2020, 9:21 am by Naomi Shatz
In real court proceedings, there is an entire body of evidence law that addresses when and how out of court statements can be relied on at trial. [read post]
27 May 2020, 6:09 am by A. Randolph Hough
I have seen many lawyers, even criminal defense lawyers, advise people to “go ahead and request a jury trial. [read post]
27 May 2020, 5:40 am by skelly
Maryland:  On May 22, the Chief Judge of the Maryland Court of Appeals issued an Administrative Order stating that all statutory and rules deadlines related to the initiation of matters required to be filed in a Maryland state trial or appellate court, including statutes of limitations, were tolled or suspended effective March 16, 2020, and remain tolled or suspended by the number of days that the courts were closed to the public due to the COVID-19… [read post]
26 May 2020, 11:25 am by Elliot Setzer
Draw on extensive previous legal experience, will carefully draft, revise, and edit briefing materials to be filed in court pertaining to those cases; will assist in mooting the advocates presenting and arguing the cases; and may have opportunities to present and argue cases at the trial court and appellate level. [read post]
26 May 2020, 8:51 am by Jason Rantanen
Cir. 2020) Download opinion Panel: Lourie, Reyna and Hughes (author) Some of my biggest head-scratchers when I studied administrative law in law school were the timing rules for bringing challenges under the Administrative Procedures Act. [read post]
26 May 2020, 6:25 am by Rebecca Tushnet
” The trial court found that HA failed to rebut the presumption.Nor was the order an unconstitutional prior restraint on speech. [read post]
26 May 2020, 6:22 am by Schachtman
  Most SKAPP-funded articles recited something closer to the following provided by David Michaels, who headed up SKAPP and worked as an expert witness for the litigation industry, until becoming the Administrator of the Occupational Health & Safety Administration, in President Obama’s administration:[5] “DM [David Michaels] and CM [Celeste Monforton] are employed by the George Washington University School of Public Health and Health Services as part of… [read post]
26 May 2020, 5:02 am by Eugene Volokh
.): One distinguishing facet of the American legal system is its commitment to public access to the trial process. [read post]
25 May 2020, 10:35 pm by Jeff Nowak
What’s even more incredible is that both of these employers inexplicably took these atrocious cases to trial [goodness, who was counseling them?] [read post]
25 May 2020, 9:05 pm by Amit Narang
Overall, though, given how badly President Trump’s regulatory rollbacks have fared both in the court of law and in the court of public opinion, it is likely that most of the regulatory policies adopted by the current Administration will not last long. [read post]
25 May 2020, 10:40 am by Benjamin Herbst
Last Friday evening the Chief Judge of Maryland’s highest court issued an updated administrative order, which established a plan to reopen state courthouses this summer. [read post]