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While federal common law is not explicitly mentioned in § 1331, the fossil fuel companies cite precedent under United States v. [read post]
24 Apr 2023, 12:50 pm by Eugene Volokh
I also noted last week that the New York state government defendants didn't file a response to the petition. [read post]
24 Apr 2023, 8:00 am
” (Nor was he entitled to a jury trial under the Seventh Amendment, which didn't apply to state courts.)Given that he was afforded notice of the violation, and an opportunity to be heard at a hearing where he could “testify, call witnesses, and present documentary evidence,” the AD1 also didn’t think his due process rights had been violated.Bet the City thought that was a picture-perfect.# # #DECISIONMatter of Serby v City of New York [read post]
24 Apr 2023, 6:41 am by Samuel I. Portnoy
Based largely on an email from the plaintiff to his counsel stating “[t]he strategy was to file these complaints to force a settlement,” the District Court held (presumably after resolving assertions of privilege) that the complaint was filed for an improper purpose in violation of Rule 11(b)(1). [read post]
24 Apr 2023, 6:41 am by Samuel I. Portnoy
Based largely on an email from the plaintiff to his counsel stating “[t]he strategy was to file these complaints to force a settlement,” the District Court held (presumably after resolving assertions of privilege) that the complaint was filed for an improper purpose in violation of Rule 11(b)(1). [read post]
24 Apr 2023, 6:41 am by Samuel I. Portnoy
Based largely on an email from the plaintiff to his counsel stating “[t]he strategy was to file these complaints to force a settlement,” the District Court held (presumably after resolving assertions of privilege) that the complaint was filed for an improper purpose in violation of Rule 11(b)(1). [read post]
24 Apr 2023, 6:25 am by Dan Bressler
The appeals court stated that here, as in the New Jersey Supreme Court opinion in Dewey v. [read post]
24 Apr 2023, 6:00 am by Second Circuit Civil Rights Blog
The sexual assault and defamation case that Jean Carroll has filed against Donald Trump has reached the Second Circuit. [read post]
24 Apr 2023, 5:31 am by Emma Svoboda
On April 19, the Supreme Court delivered a decision in Türkiye Halk Bankasi S.A. v. [read post]
24 Apr 2023, 4:00 am by assoulineberlowe
A copy of the decision can be accessed at https://media.ca11.uscourts.gov/opinions/pub/files/202013039.enb.pdf. [read post]
24 Apr 2023, 2:40 am by INFORRM
New Issued Cases There were no new cases filed on the media and communications list last week. [read post]
23 Apr 2023, 9:01 pm by renholding
In the last two years, we’ve filed nearly 1,500 enforcement actions and conducted more than 6,000 examinations of registrants. [read post]