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30 Jun 2020, 4:00 am by Public Employment Law Press
Circuit Court of Appeals, Second Circuit.The Circuit Court reversed the lower court's decision, explaining that the evidence before the jury allowed it to reasonably conclude that Plaintiff was no longer resisting arrest and was not a safety threat to the officers, or others, at the time of Officer A used the taser against him a second time.Citing Garcia v. [read post]
Petition for review after the Court of Appeal dismissed an appeal in an action for writ of administrative mandate. [read post]
30 Jun 2020, 12:00 am by Public Employment Law Press
Circuit Court of Appeals, Second Circuit.The Circuit Court reversed the lower court's decision, explaining that the evidence before the jury allowed it to reasonably conclude that Plaintiff was no longer resisting arrest and was not a safety threat to the officers, or others, at the time of Officer A used the taser against him a second time.Citing Garcia v. [read post]
29 Jun 2020, 9:01 pm by Joanna L. Grossman
But Justice Breyer relied extensively on the district court’s finding of facts—and the reasonable inferences that could be drawn from them—to understand the challenged laws. [read post]
29 Jun 2020, 6:30 am by Guest Blogger
  Second, none of the insurance reforms contain a cross-reference to the mandate. [read post]
29 Jun 2020, 3:26 am by Peter Mahler
In his decision, Justice Cohen observed that § 703 (a) “does not define the precise extent of the Court’s powers, but the Court is free to ‘fashion remedies to speak to the omissions in the LLC statute,'” citing the Tzolis case in which the Court of Appeals found a common-law right of LLC members to sue derivatively. [read post]
27 Jun 2020, 6:28 am by Bryan Hawkins
The First District Court of Appeals upheld his conviction, and Bryant appealed to the Ohio Supreme Court. [read post]
26 Jun 2020, 3:00 am by Jim Sedor
Court of Appeals for the District of Columbia Circuit directed a federal judge to drop a criminal case against President Trump’s former national security adviser Michael Flynn. [read post]
25 Jun 2020, 8:36 am by Marty Lederman
  And the court didn't trust the district court to approach the law the right way if they let him proceed in the normal way. [read post]
25 Jun 2020, 7:00 am by Guest Blogger
Second, it also cleared the way for nearly all of those people to obtain work authorization and Social Security benefits.Once all of this is understood, the error in the rescission decision is fairly clear-cut. [read post]
25 Jun 2020, 5:43 am by John Lewis
The district court, however, disagreed and sent the dispute to arbitration, holding that the two plaintiffs had agreed to arbitrate both the merits and the gateway issues raised by the agreements. [read post]
24 Jun 2020, 9:01 pm by Austin Sarat
Yesterday’s decision by the United States Court of Appeals for the District of Columbia is the latest twist in Michael Flynn’s prosecution for lying to federal agents about his contacts with Russia’s ambassador to the U.S. [read post]
24 Jun 2020, 8:34 am by Paul Stern
The Restatement (Second) of Torts had been interpreted by many municipalities to permit police officers to use deadly force during a felony arrest when such force was necessary to prevent escape. [read post]
23 Jun 2020, 10:00 pm
The district court agreed and held all three patents invalid, and Dropbox appealed. [read post]
23 Jun 2020, 8:08 am by Eric Goldman
As applied to the facts of this case, “three federal district courts found the nexus test was satisfied in an action by a visually impaired plaintiff against a credit union for a website containing defects similar to those alleged here. [read post]
23 Jun 2020, 4:00 am by Public Employment Law Press
Circuit Court of Appeals, Second Circuit, held that the district court properly dismissed Plaintiff's  claims in consideration of the Eleventh Amendment, "which precludes suits against states unless the state expressly waives its immunity or Congress abrogates that immunity, neither of which occurred here. [read post]