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27 Jan 2009, 3:33 am
All this doesn’t help Miller; he argues that the arbitrator failed to disclose a potential bias, in violation of the American Arbitration Association rules, and the court says it doesn’t matter. [read post]
12 Jun 2012, 3:45 am
Again, he did not content himself with a mumbling incantation of the “magic words”; he made a record which clearly indicates he’d put a lot of thought into the matter, going so far as to examine each of the seriousness and recidivism factors under RC 2929.12. [read post]
11 Jul 2011, 4:47 am
What if, during the course of trial, something was alleged about the poor victim that my knowledge, no matter how narrow or broad, could dispel? [read post]
Jan. 5 - 9, 2009: US Sixth Circuit Court of Appeals Decisions [UPDATED: Links repaired on 1/31/2009]
27 Jan 2009, 6:13 pm
In this matter, the bankruptcy court granted the appellants (collectively, “Fidelity”) summary judgment on their complaint against the debtor, Fioravante Settembre, for denial of a discharge. [read post]
9 Jan 2018, 6:35 pm
Instead, he contended, what matters is whether Byrd had a reasonable expectation of privacy when, with the permission of his fiancée (who had rented the car), he locked his things in the trunk of the rental car, even if he knew he didn’t have the rental company’s permission to drive the car. [read post]
12 Mar 2014, 9:51 am
An extended discussion of the ACLU matter along with a listing of the fourteen ACLU briefs filed in the Supreme Court in campaign finance cases plus the eight filed by former ACLU officials is offered in When Money Speaks. [read post]
16 Jun 2015, 11:24 am
§ 2254(d)(1) when it granted habeas relief on the ground that the North Carolina state courts unreasonably applied "clearly established" law when they held that third-party religious discussions with jurors did not concern "the matter[s] pending before the jury. [read post]
28 Dec 2015, 9:51 pm
In other words, it doesn’t matter how far plaintiffs can push a case in state court, if it belongs in federal court, it should wind up there. [read post]
22 Feb 2010, 1:24 pm
Everyone knows the basic answers that too many issues mean you have too few pages for the ones that matter or that not being able to discard weak issues hurts your credibility as an advocate. [read post]
29 Sep 2018, 7:56 am
The evidence here uniformly supports Leary’s defense of good faith, and he has carried his initial summary judgment burden of demonstrating that he is entitled to judgment as a matter of law on Handshoe’s claim in Count 5. [read post]
17 Apr 2018, 10:46 am
"[R]emoval is a virtual certainty for an alien found to have an aggravated felony conviction, no matter how long he has previously resided here," the opinion says. [read post]
11 Oct 2019, 3:09 am
Where it really matters, to us if not to him, he simply and cynically remains silent. [read post]
5 Aug 2019, 7:46 am
No matter what other accessibility problems a website may have it should make access to the terms and conditions of use easy for every disabled person. [read post]
23 Mar 2022, 5:07 pm
“[A]ppropriate circumstances should exist before a trial judge enters a judgment of dissolution and reserves questions of child…support” In re Marriage of Cohn, 443 NE 2d 541 – Ill: Supreme Court 1982 Reserved matters can be brought up later. [read post]
11 May 2011, 3:00 am
Applying that definition, a governmental entity will be charged with constructive notice of a fact or information, if the fact or information could have been discovered by reasonable diligence and the governmental entity had a duty to exercise reasonable diligence to inquire into the matter. [read post]
3 Sep 2023, 3:51 am
The Court concludes that it lacks subject matter jurisdiction and dismisses the Complaint. [read post]
5 Dec 2022, 5:30 am
In death-penalty appeals and other emergency matters on the shadow docket, the justices typically do not explain themselves. [read post]
21 May 2010, 3:02 pm
Our government's treatment of persons with no prior connection or allegiance to our country is a matter for international diplomacy, not domestic litigation. [read post]
26 Jun 2017, 6:56 pm
” Emphasizing that the question before the Supreme Court “concerns state collateral review—purely a creature of state law that need not be provided at all”—Roberts concluded that, no matter what “one’s view on the propriety of our practice of vacating judgments based on positions of the parties, the Court’s decision to vacate this state court judgment is truly extraordinary. [read post]
28 Jul 2017, 6:32 am
“That can mean, as a practical matter, that now franchisees, who are essentially small businesses, no longer have the services and support previously provided by the franchisor,” Johnson said. [read post]
