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2 Oct 2013, 7:06 am
Two issues are raised for review: (1) Whether a state may, consistent with the First and Fourteenth Amendments to the United States Constitution, compel personal care providers to accept and financially support a private organization as their exclusive representative to petition the state for greater reimbursements from its Medicaid programs; and (2) whether the lower court erred in holding that the claims of certain home care attendants were not ripe for judicial review. [read post]
22 Jun 2017, 1:50 pm
The Supreme Court granted certiorari only on the first question presented: “Whether inter partes review – an adversarial process used by the Patent and Trademark Office (PTO) to analyze the validity of existing patents – violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury. [read post]
8 May 2015, 9:26 am
But the Constitution—specifically, the Speech or Debate Clause—prevents us from doing so. [read post]
29 Aug 2020, 8:21 am
This is because we removed all of the federal constitutional claims (First Amendment, Right to Petition, Takings and Contracts Clause) to federal court earlier. [read post]
7 Nov 2007, 8:36 am
"Florida death row inmate Ian Deco Lightbourne [docket] on Monday asked the state supreme court to reconsider its decision last week that Florida's revised lethal injection protocols do not constitute cruel and unusual punishment [JURIST report] in violation of the US Constitution. [read post]
27 Jun 2013, 12:57 pm
This case is currently before the Supreme Court on a petition for certiorari. [read post]
13 Dec 2011, 5:01 pm
These documents come to us courtesy of the State’s attorney, Ms. [read post]
27 Mar 2012, 12:53 pm
Harvey Cedars has 20 days to file notice in order to petition the New Jersey Supreme Court for certification on this critical issue. [read post]
22 May 2008, 12:41 am
As to Garnes' request for a name-clearing hearing, the Appellate Division ruled that as the reasons for Garnes' termination are not "stigmatizing in the constitutional sense," but instead constitute instances of "bad judgment or incompetent performance of duties," Supreme Court properly rejected his petition for a name-clearing hearing. [read post]
26 Aug 2024, 7:38 am
On August 23, 2024, Texas and 15 other Republican states filed a lawsuit in federal court on the ground that the PIP has violated the INA, the Administrative Procedure Act and the Take Care Clause of the US Constitution. [read post]
9 Nov 2023, 9:57 am
” This wasn’t sufficiently alleged to constitute deceptive attribution to Daily as innovator. [read post]
12 Jun 2017, 3:18 am
However, the mere preparation and publication of future plans (assuming her paper was published) do not constitute use in commerce. [read post]
29 May 2020, 3:00 am
Petition for review after the Court of Appeal dismissed an appeal in an action for writ of administrative mandate. [read post]
16 Aug 2021, 11:33 am
The case has been the subject of a long awaited opinion in the Ninth Circuit, and an unsuccessful petition for certiorari. [read post]
16 Aug 2021, 11:33 am
The case has been the subject of a long awaited opinion in the Ninth Circuit, and an unsuccessful petition for certiorari. [read post]
16 Aug 2021, 11:33 am
The case has been the subject of a long awaited opinion in the Ninth Circuit, and an unsuccessful petition for certiorari. [read post]
21 Dec 2020, 9:01 pm
Let us accept those claims for the sake of argument. [read post]
30 Jan 2009, 9:58 am
The Constitution’s Sixth Amendment guarantees a fair trial by an impartial jury. [read post]
27 Jan 2009, 3:13 am
[SPECIAL NOTE: This opinion uses the "Universal Citation. [read post]
23 Sep 2008, 10:35 am
[SPECIAL NOTE: This opinion uses the "Universal Citation. [read post]
