Search for: "Matter of Ross"
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21 Feb 2025, 12:46 pm
This Tenth Circuit panel has some internal disagreement about how to allocate the burden of proof when a guard and an inmate dispute whether a prison sexual encounter was consensual, but that disagreement doesn't matter much at summary judgment when both the inmate's testimony and the video (!) [read post]
24 Jan 2025, 12:30 pm
Circuit "express[es] no opinion on the wisdom" of either position, but it thinks that no matter who is right it's essential to do a lot more environmental paperwork. [read post]
20 Sep 2024, 12:30 pm
And in en banc news, the Ninth Circuit will not reconsider its decision that the Suquamish Tribal Court had subject-matter jurisdiction over the Tribe's suit for breach of contract concerning its insurance claims for lost business and tax revenue and other expenses arising from the suspension of business operations during the onset of the COVID-19 pandemic. [read post]
29 Nov 2024, 1:40 pm
The matter winds its way to the Fourth Circuit, where the plaintiffs demand justice for the administrative delays. [read post]
21 Jun 2024, 1:00 pm
Dissent: It's not clear that all discrimination against transgender people is sex discrimination, but it doesn't really matter because, yeah, it fails rational-basis scrutiny. [read post]
24 Dec 2021, 12:30 pm
"The Board apparently believes—incorrectly—that it can say the magic words 'traffic and safety' and this Court will rubber stamp the classification no matter the facts," wrote U.S. [read post]
10 Jun 2022, 12:30 pm
And three of us say yes, but the agents can't be expected to have known that (and no matter that the gov't didn't initially raise its good-faith argument below). [read post]
30 Sep 2022, 12:30 pm
Charges in first matter are thrown out due to prosecutorial misconduct, and he's never charged with anything to do with the second. [read post]
7 Oct 2022, 12:30 pm
Concurrence: We shouldn't defer, but it doesn't matter, because there was no prejudice. [read post]
13 Jan 2023, 12:30 pm
Mandatory, warrantless inspections of rental properties are wildly invasive and ripe for abuse, no matter officials' purported intentions. [read post]
2 Jun 2023, 12:30 pm
Concurrence: Well, we've held that this sort of release from liability is fine, but pointing to anything in the Bankruptcy Code that authorizes it is another matter. [read post]
26 Apr 2024, 12:30 pm
During the COVID-19 pandemic, three employees at Whole Foods start wearing masks with Black Lives Matters slogans. [read post]
10 May 2024, 12:30 pm
The court dodged the question of whether repeated drone snooping is a "search" under the Fourth Amendment, instead holding that, no matter the answer, the gov't can still use the drone evidence in court. [read post]
23 Aug 2024, 12:30 pm
But context matters, and schools have many mechanisms to discipline students. [read post]
5 Apr 2024, 12:30 pm
And in amicus brief news, IJ is asking the Third Circuit to take the Supreme Court at its word when it says things like "expert advice is fully protected speech" and "laws that regulate speech based on its subject matter are content-based and subject to strict scrutiny. [read post]
18 Oct 2024, 12:30 pm
Economists like to say that incentives matter. [read post]
6 Dec 2024, 12:30 pm
As for why it matters? [read post]
4 Oct 2024, 12:30 pm
The court should have proceeded under Rule 37, not its inherent authority, and no one involved in the video deletion acted with the requisite level of willfulness to merit the sanctions the district court imposed (establishing liability as a matter of law). [read post]
3 Jan 2025, 12:35 pm
Plus, what might state constitutions have to say about the matter? [read post]
27 Mar 2023, 9:05 pm
A technical matter that proved especially vexing to the NASEM committee concerned the ability of wheelchairs to meet Federal Aviation Administration’s (FAA) standards for passenger seat crashworthiness. [read post]
