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5 Mar 2015, 6:00 am by Maureen Johnston
Robert Half International, Inc. 14-625Issue: Whether, where an arbitration agreement does not expressly refer to class arbitration, the determination of whether class or group arbitration is permitted by the agreement is a question of arbitrability, presumptively for the district court to decide (as the Third and Sixth Circuits have now held), or a question of interpretation and procedure for the arbitrator (as the First, Second, Seventh, and Eleventh Circuits, and… [read post]
25 Feb 2015, 5:44 am by David Markus
Court of Appeals for the Eleventh Circuit, a Justice Department lawyer tried to steer the court from broader implications to the specific issue at hand.All three arguments heard en banc Tuesday morning were lively, with justices interrupting one another, sometimes trying to answer questions posed by colleagues to the lawyers. [read post]
18 Feb 2015, 1:30 pm by Maureen Johnston
United States 14-456Issue: Whether, when a court of appeals issues a general remand for resentencing, the district court may conduct resentencing de novo. [read post]
18 Feb 2015, 10:41 am by David Garcia and Helen C. Eckert
  The Ninth Circuit agreed with the lower court that the claimed efficiencies were not merger-specific, and even assuming that they were, they were still insufficient: At most, the district court concluded that St. [read post]
17 Feb 2015, 9:44 pm by Patricia Salkin
” The District Court noted that here, the Letter did not provide any reasons for the locality’s decision. [read post]
12 Feb 2015, 9:01 pm by Vikram David Amar
The Limits on Federal District Court Remedial Reach Why, then, did District Court Judge Granade not hold state court judges in contempt for withholding marriage licenses? [read post]
11 Feb 2015, 6:05 pm by Matt Kaiser
Price, Fourth Circuit: Appellant pled guilty to failing to register as a sex offender and the district court adopted Guidelines based on the fact that such an offense qualified as a ‘sex offense’. [read post]
11 Feb 2015, 6:05 pm
Price, Fourth Circuit: Appellant pled guilty to failing to register as a sex offender and the district court adopted Guidelines based on the fact that such an offense qualified as a 'sex offense'. [read post]
4 Feb 2015, 8:05 pm
  This past September, as we reported here, the Eleventh Circuit affirmed the District Court’ Chapman decision. [read post]
2 Feb 2015, 6:16 pm by A. Brian Albritton
 For example, the Court found that in deciding a 12(b)(6) motion to dismiss, the district court properly took judicial notice of newspaper advertisements, and publicly available websites in determining whether there was a prior public disclosure of the relator's allegations. [read post]
23 Jan 2015, 9:30 am
Because class actions are out of control in California, there are lots more ascertainability cases in Ninth Circuit district courts that we haven't cited. [read post]
14 Jan 2015, 8:17 am by Jennifer R. Dixon
City of Roswell, Georgia, Case No. 13-975, reversing a decision of the Eleventh Circuit Court of Appeals. [read post]
14 Jan 2015, 6:49 am
The district court overruled Ziegler's objection and allowed Sergeant Inglett to testify `about the data that he relied on in reaching his conclusions. [read post]
13 Jan 2015, 9:44 am by Seyfarth Shaw LLP
The District Court denied the motion, but certified the question for interlocutory review. [read post]
8 Jan 2015, 7:34 am by Julie Goldscheid
The district court denied the motion but certified the question for interlocutory review. [read post]