Search for: "Matter of Cert. of a Question of Law"
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23 May 2017, 12:40 pm
He asserted that Judge Pohl should decide, as a matter of law, that “there is no legally cognizable conflict of interest under the law at this time. [read post]
19 May 2017, 4:10 am
” At the Washington Post’s Volokh Conspiracy blog, Orin Kerr flags a cert petition that raises the question of “whether the voluntariness of consent to search or seize under the Fourth Amendment should be treated as a matter of fact or a question of law for purposes of the standard of review on appeal. [read post]
18 May 2017, 8:00 am
Back in 2013, I wrote a post about whether the voluntariness of consent to search or seize under the Fourth Amendment should be treated as a matter of fact or a question of law for purposes of the standard of review on appeal. [read post]
16 May 2017, 1:14 pm
My quick survey of the case law suggests that every circuit to consider the question has concluded that qualified immunity remains available even when the plaintiff seeks only nominal damages. [read post]
3 May 2017, 4:50 am
Not to be deterred, Alan flung a cert. petition at the Supremes. [read post]
27 Apr 2017, 8:59 am
So the likeliest explanation seems to be that most of the cases for the last conference were “deadlisted” through the cert pool and the court’s other regular mechanisms before Gorsuch began participating in the cert process, and he got up to speed on, and discussed, only the matters that were placed on the discuss list for that conference. [read post]
26 Apr 2017, 7:43 am
Estis Well Serv., L.L.C., 768 F.3d 382 (5th Cir. 2014), cert. denied, 135 S. [read post]
26 Apr 2017, 7:43 am
Estis Well Serv., L.L.C., 768 F.3d 382 (5th Cir. 2014), cert. denied, 135 S. [read post]
18 Apr 2017, 8:44 pm
The child in question gave a video interview. [read post]
18 Apr 2017, 6:38 am
It’s a very important question. [read post]
13 Apr 2017, 9:49 am
Also, a big question here is whether obviousness is a legal question for a judge to decide or a factual question for a jury to render a verdict on. [read post]
11 Apr 2017, 3:01 pm
Both of these questions reflect an even more fundamental question, the answer to which remains unresolved: What is the essential nature of the corporation? [read post]
30 Mar 2017, 4:41 am
Howard Fischer of Capitol Media Services (via the Arizona Capitol Times) reports that Arizona has filed a cert petition asking the court to “overturn rulings by the 9th U.S. [read post]
28 Mar 2017, 4:32 pm
Judge Koeltl noted however that quantitative considerations alone were not determinative, adding that “sufficiently strong qualitative evidence of materiality can establish materiality as a matter of law. [read post]
24 Mar 2017, 2:43 pm
Ali presents a single question for our review: `Whether the post-conviction court erred in concluding that defense counsel did not p [read post]
24 Mar 2017, 10:16 am
As an initial matter, all parties agreed that there is a circuit split on the question of whether § 2462 applies to claims for disgorgement. [read post]
23 Mar 2017, 8:24 am
(No justice mentioned the Mendezes’ briefed argument that the county’s cert petition had presented three questions but then reduced them to two somewhat different questions at the merits stage.) [read post]
17 Mar 2017, 3:28 pm
The high court has similarly recognized, as a matter of federal law, that “mandatory” rules should not always “be given the jurisdictional brand. [read post]
16 Mar 2017, 3:35 pm
Maybe Samsung felt that a formal cert question about Federal Circuit interna wouldn [read post]
8 Mar 2017, 8:51 pm
Will SCOTUS Hear Case After Denying Cert in Peoples Matter?? [read post]
