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15 Nov 2018, 9:17 pm by W.F. Casey Ebsary, Jr.
Spears, 533 F.3d 715, 719 (8th Cir. 2008) (Colloton, J., dissenting)).Spears is the latest indication that the Supreme Court is running out of patience with appellate courts and government arguments that attempt to artificially narrow judicial discretion post-Booker. [read post]
15 Nov 2018, 6:00 am by Beth Graham
The court then stated: It is noteworthy that, although the certificate of merit requirement was made applicable to arbitration proceedings more than thirteen years ago, we can find no cases in which a defendant in an arbitration proceeding has sought judicial review under 150.002(f). [read post]
14 Nov 2018, 9:01 pm by Neil H. Buchanan
They accuse Democrats of trying to undermine the programs and promise to be their defenders. [read post]
13 Nov 2018, 12:27 pm by Marie-Andree Weiss
”Indeed, as explained by the Supreme Court in Feist, “[f]actual compilations… may possess the requisite originality [to be protected by copyright]. [read post]
13 Nov 2018, 8:00 am by Todd Presnell
Oberweis Dairy, 456 F.3d 704 (CA7 2006) (Posner, J.), as binding authority to apply the broad approach. [read post]
13 Nov 2018, 8:00 am by Todd Presnell
Oberweis Dairy, 456 F.3d 704 (CA7 2006) (Posner, J.), as binding authority to apply the broad approach. [read post]
” The court found the endorsement ambiguous as to whether National Union was obligated to pay defense costs solely as part of its contractual duty to defend, as opposed to those sums it is legally obligated to pay by reason of the liability imposed upon Scapa by law for damages. [read post]
11 Nov 2018, 1:57 pm
On the surface, it presents a diocesan bishop who is doing his utmost to carry out his ordination vows to "guard the faith, unity and discipline of the Church" (BCP 517), and to "[f]eed the flock of Christ committed to your charge, guard and defend them in His truth, and be a faithful steward of his holy Word and Sacraments. [read post]
11 Nov 2018, 1:57 pm
On the surface, it presents a diocesan bishop who is doing his utmost to carry out his ordination vows to "guard the faith, unity and discipline of the Church" (BCP 517), and to "[f]eed the flock of Christ committed to your charge, guard and defend them in His truth, and be a faithful steward of his holy Word and Sacraments. [read post]
11 Nov 2018, 1:57 pm
On the surface, it presents a diocesan bishop who is doing his utmost to carry out his ordination vows to "guard the faith, unity and discipline of the Church" (BCP 517), and to "[f]eed the flock of Christ committed to your charge, guard and defend them in His truth, and be a faithful steward of his holy Word and Sacraments. [read post]
11 Nov 2018, 7:18 am by Schachtman
., ten years after beating back the defendants’ Daubert motion in the Allen case, described their literature review and assessment of Mr. [read post]