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7 Feb 2024, 6:31 am by Second Circuit Civil Rights Blog
Plaintiff was expelled and now sues SJU for sex discrimination.While this case arrives at the Court of Appeals in a Rule 12 posture, which provides a low pleading standard for plaintiffs seeking to avoid dismissal, the Second Circuit (Sack and Parker) agrees with the district court that plaintiff does not plead a prima facie case of discrimination. [read post]
6 Feb 2024, 11:19 am by Norman L. Eisen
Once the Court issues its decision, the case would then return immediately to the district court, which would then restart pretrial proceedings. [read post]
6 Feb 2024, 11:04 am by Kevin LaCroix
  On appeal, the Second Circuit reinstated the plaintiff’s Section 10(b) and Rule 10b-5 claims. [read post]
6 Feb 2024, 8:39 am by Second Circuit Civil Rights Blog
Plaintiff also asserts an inference of discrimination, the Court of Appeals says, rejecting the district court's contrary conclusion. [read post]
5 Feb 2024, 12:08 pm by Kalvis Golde
A federal district court in Florida dismissed her claim. [read post]
5 Feb 2024, 5:44 am by Unknown
On appeal, the court agreed that the no-action clause applied, and the Trust Indenture Act did not. [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
Supreme Court were to settle upon and announce a definition in this case—particularly one as broad and open-ended as that in Noah Webster’s 1857 American Dictionary of the English Language (which included “the open and active opposition of a number of persons to the execution of law”)—such a ruling could have unanticipated downstream ramifications for other cases that are materially different from this one, and implications for statutes that… [read post]
3 Feb 2024, 9:52 am by Marty Lederman
 Trump himself made this Positions Clause argument before the Colorado Supreme Court, and he even prevailed on it in the Colorado district court. [read post]
2 Feb 2024, 3:00 am by Jim Sedor
Navarro became the second senior Trump aide sentenced for stonewalling Congress’s investigation, joining Stephen Bannon, a former Trump political adviser with whom Navarro said he worked on a plan to delay and ultimately change the outcome of the formal count of the presidential election results. [read post]
2 Feb 2024, 3:00 am by Daniel Spiegel
Murdaugh will now seek relief on appeal. [read post]
1 Feb 2024, 2:52 pm by Rachel Casper
She is an experienced appellate advocate, having argued before the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court, and the United States Court of Appeal for the First Circuit. [read post]
1 Feb 2024, 10:01 am by Scott Hervey
The district court and the Second Circuit on appeal both said no, and the Rogers test was created. [read post]
1 Feb 2024, 9:03 am by Dennis Crouch
First, Aputure failed to show a post-judgment appeal would be inadequate. [read post]
1 Feb 2024, 7:00 am by Norman L. Eisen
Trump, Case No.: 1:23-cv-03773 (civil removal proceedings) Order granting Trump notice of motion to dismiss 2nd Circuit appeal of district court order denying his removal petition in New York (Nov. 15, 2023) Trump notice of motion to dismiss 2nd Circuit appeal of district court order denying his removal petition in New York (Nov. 14, 2023) Trump notice of appeal to 2nd Circuit Court of Appeals (July 28, 2023) Order… [read post]
1 Feb 2024, 5:01 am by Eugene Volokh
Second, Disney contends that the challenged laws explicitly target it, making Hubbard inapplicable. [read post]
31 Jan 2024, 9:03 pm by Andrew Stawasz
Court of Appeals for the District of Columbia why that is wrong legally. [read post]