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26 Jun 2018, 3:32 pm
Rather than go this route, which could spill over into judicial intrusion on prerogatives of the political branches, Roberts applied a more deferential rational-basis test. [read post]
26 Jun 2018, 1:47 pm
“At the heart of plaintiffs’ case is a series of statements by the president and his advisers casting doubt on the official objective of the proclamation,” Roberts says. [read post]
26 Jun 2018, 8:59 am
The purpose of the third element of the Craddock test is to protect a plaintiff against undue delay or injury that would result in a disadvantage when presenting the merits of its case at a new trial, such as the loss of a witness or other critical evidence. [read post]
26 Jun 2018, 8:47 am
We hold that when the Executive exercises this power negatively on the basis of a facially legitimate and bona fide reason, the courts will neither look behind the exercise of that discretion, nor test it by balancing its justification against the First Amendment interests of those who seek personal communication with the applicant. [read post]
26 Jun 2018, 8:05 am
The plaintiffs in this litigation, respondents here, challenged the application of those entry restrictions to certain aliens abroad. [read post]
26 Jun 2018, 6:14 am
In reading the opinion, I wondered if this was the same Eastern District of Virginia judge that botched the fair use test in Philpot v. [read post]
25 Jun 2018, 5:39 pm
John Elwood provides his best guess about October Term 2017’s last relists. [read post]
25 Jun 2018, 3:12 pm
Accordingly, using consumer substitution or, as in Grinnell, producer substitution, as the test, he argued that the market is merchant-related credit-card services, at least as part of step one of the rule of reason. [read post]
25 Jun 2018, 10:49 am
This means that the plaintiffs challenging a redistricting plan still have to show that the legislature intended to discriminate when it enacted the current plan. [read post]
25 Jun 2018, 6:29 am
Ct. 2466 (2015), and not the pro-law enforcement subjective test that applies when the plaintiff has already been convicted. [read post]
25 Jun 2018, 4:40 am
Phillip Turner, the plaintiff in Turner v. [read post]
25 Jun 2018, 4:26 am
Second, if courts look at both the merchants and the cardholders as the market, do the plaintiffs have to show that both sides are harmed by the provision? [read post]
23 Jun 2018, 3:39 pm
Given that Austin PD's DNA lab has already been shut down because they were performing the tests wrong, it's not hard to imagine some cases aren't aggressively pursued when they should be.Bexar should reject calls for managed-assigned-counselThe SA Express News editorial board argued that Bexar County needs to a) spend more on indigent defense but also b) spend more on oversight to make sure it's getting quality defense for the money it's spending. [read post]
22 Jun 2018, 1:48 pm
But “where a claim requires interpretation of a matter that is exclusively within the jurisdiction and expertise of the FDA and FDCA, plaintiffs cannot use the Lanham Act as a run around to private enforcement. [read post]
22 Jun 2018, 4:13 am
Using the five-factor test the U.S. [read post]
22 Jun 2018, 4:13 am
Using the five-factor test the U.S. [read post]
21 Jun 2018, 4:00 pm
Covington 17-1364 Issues: (1) Whether the district court had jurisdiction to consider challenges to the new districting plan the North Carolina General Assembly enacted after North Carolina’s previous state districting plan was invalidated as a racial gerrymander; (2) whether the district court erred by finding that four districts were racially gerrymandered even though the legislature did not consider race; (3) whether the district court erred by considering and substantiating a… [read post]
21 Jun 2018, 1:00 pm
”Sazerac spent a lot of time challenging the Sixth Circuit’s threshold “trademark use” test, requiring the plaintiff to show that the defendant is using a mark “in a ‘[ ]trademark’ way” that “identifies the source of their goods” before any confusion (or descriptive fair use) inquiry takes place. [read post]
21 Jun 2018, 12:16 pm
The first stage of an Anns/Cooper test is used to establish foreseeability and proximity, meaning the plaintiff has to establish that the harm caused could be reasonably foreseeable, and that the defendant had an obligation to reduce the likelihood of harm. [read post]
21 Jun 2018, 10:10 am
Second, if courts look at both the merchants and the cardholders as the market, do the plaintiffs have to show that both sides are harmed by the provision? [read post]
