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20 Apr 2018, 6:45 am
It will be interesting to see if the Department of Justice takes on the Second Circuit’s decision by arguing that this interpretation of the PROs’ consent decrees violates U.S. antitrust law. [read post]
13 Apr 2018, 10:04 am
Burger King Corporation, 912 F. [read post]
13 Apr 2018, 8:35 am
In a ruling earlier this month, an Eleventh Circuit Court of Appeals judge ruled in Scott, Blane, and Darren Recovery L.L.C., Anova Foods Inc. v. [read post]
12 Apr 2018, 12:37 pm
Burger King Corporation, 912 F. [read post]
9 Apr 2018, 11:42 am
District Judge Reggie B. [read post]
2 Apr 2018, 11:00 am
Roth of the United States Court of Appeals for the Third Circuit and the Honorable Loretta A. [read post]
28 Mar 2018, 4:12 am
Circuit Judge Robert King wrote in the decision. [read post]
6 Mar 2018, 4:10 am
I told the class about the picture on the wall in one Ninth Circuit judge’s chambers and said something like, “Too bad for GM’s lawyer. [read post]
5 Mar 2018, 9:32 am
The Institute for Justice (one of the public interest law firms that I most respect) has filed a petition asking the Court to decide whether the Excessive Fines Clause is incorporated; the petition reports that two federal circuit courts and at least 14 state high courts say it is, and 3 state high courts and one intermediate court says it isn't. [read post]
24 Feb 2018, 6:55 am
Trump forefronts his judicial appointments, presumably because this is the place where he can claim and successfully vaunt* conservative credentials:We have confirmed a record number, so important, of circuit court judges and we’re going to be putting in a lot more. [read post]
22 Feb 2018, 7:15 pm
Judge King rules against Texas death row inmate King: The U.S. [read post]
21 Feb 2018, 7:42 am
Do you think the Ninth Circuit judges are fans of Game of Thrones and will uphold the Magistrate Judge’s “no middle ground” award of attorneys’ fees? [read post]
16 Feb 2018, 9:00 am
In a puzzling turn that EO-3’s challengers need to address at the Supreme Court, the INA argument only got five votes on the Fourth Circuit (Judges Gregory, Wynn, Harris, Diaz, and Thacker), while three generally liberal judges (Harris, Motz, and King) joined the majority on the constitutional issue but felt that the statutory issue was too complex to resolve. [read post]
16 Feb 2018, 9:00 am
In a puzzling turn that EO-3’s challengers need to address at the Supreme Court, the INA argument only got five votes on the Fourth Circuit (Judges Gregory, Wynn, Harris, Diaz, and Thacker), while three generally liberal judges (Harris, Motz, and King) joined the majority on the constitutional issue but felt that the statutory issue was too complex to resolve. [read post]
16 Feb 2018, 9:00 am
In a puzzling turn that EO-3’s challengers need to address at the Supreme Court, the INA argument only got five votes on the Fourth Circuit (Judges Gregory, Wynn, Harris, Diaz, and Thacker), while three generally liberal judges (Harris, Motz, and King) joined the majority on the constitutional issue but felt that the statutory issue was too complex to resolve. [read post]
4 Jan 2018, 7:55 am
(They were saved by a jnov).Any inference must be based on an established fact (access) from which one may then infer copying from yet other evidence (e.g., common errors or some level of similarity)(The best discussion of this is Judge King's dissenting opinion in the first Bouchat v. [read post]
29 Dec 2017, 10:46 am
Uncommonly sensible Josh Blackman It’s good to be the king. [read post]
23 Dec 2017, 5:39 am
The Fourth Circuit judges heard the Maryland case two days after the Ninth Circuit panel had heard the Hawaii case. [read post]
22 Dec 2017, 11:20 am
She fills the vacancy created by the retirement of Judge James S. [read post]
21 Dec 2017, 6:34 am
Duffy, Are Administrative Patent Judges Unconstitutional? [read post]
