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24 Jun 2023, 3:32 am by SHG
On appeal, the defendant asked the Supreme Court to extend the line of cases that began with Bruton, and reject the “other person” workaround. [read post]
23 Jun 2023, 3:37 pm by Ronald Mann
Contrary to the general rule in federal courts that parties cannot appeal from adverse trial-court decisions until the end of the case, Section 16(a) sets up a “one-way” right to an immediate (“interlocutory”) appeal: The party seeking arbitration can appeal immediately if the trial court refuses to order arbitration, but the party opposing arbitration has no similar right if the trial court does order arbitration. [read post]
23 Jun 2023, 2:16 pm by Kendall Lowery
The post Court of Appeal Upholds One-Term Limit and Salary Cap for County Supervisors first appeared on Renne Public Law Group. [read post]
23 Jun 2023, 10:03 am by Amy Howe
The Biden administration then came to the Supreme Court, which agreed to take up the case without waiting for a federal appeals court to weigh in – but left Tipton’s ruling striking down the policy in place while it considered the dispute. [read post]
23 Jun 2023, 9:58 am by Eugene Volokh
From Wednesday's California Court of Appeal decision in Firefighters4Freedom v. [read post]
23 Jun 2023, 7:49 am by Christine Corcos
” Article III does not define what constitute “all Cases of admiralty and maritime jurisdiction. [read post]
23 Jun 2023, 7:49 am
” Article III does not define what constitute “all Cases of admiralty and maritime jurisdiction. [read post]
23 Jun 2023, 6:55 am by John Elwood
Rudisill now seeks review, arguing that the Court of Appeals for Veterans Claims and the Federal Circuit panel got it right, and that the limitation of Section 3327(d)(2) does not apply to veterans with multiple periods of service. [read post]
23 Jun 2023, 6:37 am by Noam Biale
It does not matter that an intervening decision of this Court confirms his innocence. [read post]
23 Jun 2023, 6:02 am by Eugene Volokh
., the California Court of Appeal (in an opinion by Justice Ioana Petrou, joined by Justices Allison Tucher and Victor Rodríguez) largely upheld a restraining order that barred Sonya J. from harassing her ex-husband and her adult children (see the opinion for a long and detailed discussion of Sonya J.'s behavior); but it vacated (quite correctly, I think) a ban on various social media posts, holding that it was unconstitutionally vague: A restraining order is unconstitutionally… [read post]
23 Jun 2023, 4:08 am by Charles Sartain
Co-author Kamal Omar* Texas, famously, does not tax individuals’ income, but it does impose franchise taxes on “taxable entities”, such as limited liability companies. [read post]
22 Jun 2023, 9:05 pm by Scott McKeown
For example, a panel of PTAB judges decide appeals from examiners (different initial decision makers) every day; reversal is not common. [read post]
22 Jun 2023, 9:05 pm by Scott McKeown
For example, a panel of PTAB judges decide appeals from examiners (different initial decision makers) every day; reversal is not common. [read post]
22 Jun 2023, 7:39 pm by Kurt R. Karst
The stringency of these requirements makes it less appealing for IVD sponsors to undertake the burdensome testing necessary for an OTC home test because, even if adequate data are collected, CDRH can – and in our experience, does – still raise roadblocks preventing clearance. [read post]