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11 Oct 2016, 3:44 am by Edith Roberts
United States, centering on an appeal of a restitution award; Steve Vladeck previewed the case for this blog; Emily Rector and Kimberly Petrick do the same for Cornell. [read post]
21 Sep 2016, 5:00 pm by Joanna Bowers
On September 20, two lawsuits were filed in federal court seeking to stop the new overtime regulations from going into effect on December 1. [read post]
20 Sep 2016, 4:41 am by Patricia Salkin
The district court for Sarpy County found that Springfield lacked standing and Springfield appealed. [read post]
1 Sep 2016, 2:57 pm by Eugene Volokh
(Contrast with this the California right of publicity, which the Ninth Circuit federal appeals court held bars the use of a robot that wore hair and jewelry reminiscent of Vanna White and was posed in front of a “Wheel of Fortune”-like game board.) [read post]
22 Aug 2016, 11:47 am by Dabney D. Ware
A recent decision from the United States Court of Appeals for the Eighth Circuit (covering Arkansas, Iowa, Minnesota, Missouri, Nebraska, and North and South Dakota) reminds employers that even though most recent focus has been on the salary test component, the duties test inquiry remains as critical as ever. [read post]
15 Aug 2016, 10:28 am by Teresa Walrod
  The Muscogee (Creek) Nation and the Seminole Nation of Oklahoma filed an amicus brief in the Tenth Circuit, arguing that under the Supreme Court’s recent decision in Nebraska v. [read post]
15 Aug 2016, 9:59 am by Friedman, Rodman & Frank, P.A.
The plaintiff appealed the ruling to the Nebraska Supreme Court, arguing that the defendant created the hazard by permitting the samples to be handed out to customers in the store. [read post]
7 Aug 2016, 9:01 pm by Joseph Margulies
Court of Appeals for the Fourth Circuit recently held that “because of race, the legislature enacted one of the largest restrictions of the franchise in modern North Carolina history,” a step taken “with discriminatory intent. [read post]
31 Jul 2016, 7:14 am by John Floyd
  The appeals court, however, was in an understanding mood. [read post]
29 Jul 2016, 7:52 pm by Jon Gelman
Recently, the 7thCircuit Court of Appeals held that employers have an affirmative duty to reassign disabled workers. [read post]
25 Jul 2016, 5:24 am by Joy Waltemath
Here, the appeals court agreed with the district court that the plaintiffs easily met the prejudice requirement. [read post]
15 Jul 2016, 3:28 pm by Sam Turco
In adversary proceedings, the parties shall maintain the original document until after the case ends and all time periods for appeals have expired. [read post]
14 Jul 2016, 7:16 am by Eugene Volokh
[The district had court concluded that there the firing was not connected to Bennie’s politics, and the court of appeals concluded that this decision wasn’t clearly erroneous. [read post]
1 Jul 2016, 1:25 pm by Kevin
 (Source: BBC News) Lame brief costs lawyer $173,000: Probably less, but she sought $180,000 in fees and costs, got only $6,800, and then waived the point on appeal because she didn’t bother to explain why she should get more: [She] asks us to “reverse or vacate” the district court’s award of attorney’s fees and costs because the district court awarded only 3% of the amount requested. [read post]