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But the Third Circuit rejected the approach of other courts of appeals, like the Ninth Circuit, which has held that when a party shows a likelihood of success, it “almost always” shows irreparable harm. [read post]
But the Third Circuit rejected the approach of other courts of appeals, like the Ninth Circuit, which has held that when a party shows a likelihood of success, it “almost always” shows irreparable harm. [read post]
24 Jul 2024, 10:46 am by Jonathan H. Adler
Court of Appeals for the Fifth Circuit concluded that the so-called "Universal Service" fee imposed by the Federal Communications Commission is unconstitutional. [read post]
24 Jul 2024, 9:48 am by centerforartlaw
climax in the litigation before the European Court of Human Rights (ECtHR), which reached a verdict in May.[5] In the latest development of this restitution saga, the ECtHR rejected the Getty’s appeal of a 2019 confiscation order issued by the Italian courts.[6] According to the Getty Trust, the order – and, consequently, the Italian State – had violated Art. 1 Protocol 1 of the European Convention on Human Rights, which sanctions the right to the peaceful enjoyment of… [read post]
24 Jul 2024, 9:04 am by Daniel M. Kowalski
We therefore grant the petition, vacate the BIA’s denial, and remand for further proceedings. [read post]
24 Jul 2024, 8:42 am by Daniel M. Kowalski
On appeal, the Board of Immigration Appeals (“BIA”) upheld the IJ’s order, and Shen then petitioned this court for review. [read post]
24 Jul 2024, 8:29 am by centerforartlaw
The Court held, therefore, that if the city, a public entity, was the holder of the present estate under the lease, the leased premises were not private property within the meaning of § 16-11-127(c), thus, the garden would have no right to exclude the carrying of firearms on the leased premises because it was not in legal control of private property through a lease; [3]-However, because the lease was not in the record on appeal and it was necessary to examine its provisions to… [read post]
24 Jul 2024, 6:51 am by Dan Bressler
Circuit Court of Appeals has affirmed the disqualification of a Bunker Hill law firm from defending a retired physician accused of participation, while practicing medicine in Orange County, in a multi-million dollar COVID-connected fraud scheme, holding that the attorneys’ previous representation of an alleged co-conspirator who might testify for the prosecution justifies the order. [read post]
24 Jul 2024, 6:47 am by Dennis Crouch
  In Cuozzo, the Court (per Justice Breyer) unanimously upheld the agency’s “broadest reasonable interpretation” (BRI) standard for claims litigated at the Patent Trial and Appeals Board (“PTAB”). [read post]
24 Jul 2024, 6:27 am by Marty Lederman
And on the basis of that holding, Judge Cannon granted former President Donald Trump’s motion to dismiss the indictment against him in the Mar-a-Lago retained-documents case. [read post]
24 Jul 2024, 6:09 am by Robin E. Kobayashi
JUST CLICK ON THE CASE NAMES BELOW… Appellate Court Cases Not Originating with Appeals Board Chavez v. [read post]
24 Jul 2024, 6:00 am by Public Employment Law Press
" Supreme Court granted Retirement Systems motion to dismiss Plaintiff's action as "time barred" and Plaintiff appealed Supreme Court's ruling.Citing Walton v New York State Dept. of Correctional Servs., 8 NY3d 186, the Appellate Division sustained the Supreme Court's decision, noting "where [the] proceeding could have been brought pursuant to CPLR Article 78, the four-month statute of limitations applicable to such proceedings applies". [read post]
24 Jul 2024, 6:00 am by Public Employment Law Press
" Supreme Court granted Retirement Systems motion to dismiss Plaintiff's action as "time barred" and Plaintiff appealed Supreme Court's ruling.Citing Walton v New York State Dept. of Correctional Servs., 8 NY3d 186, the Appellate Division sustained the Supreme Court's decision, noting "where [the] proceeding could have been brought pursuant to CPLR Article 78, the four-month statute of limitations applicable to such proceedings applies". [read post]
24 Jul 2024, 12:15 am
  (footnote omitted) The Court of Appeal rejected the plaintiff's reliance upon the recent enactment of California Corporations Code Section 119: However, section 119 did not grant the right of ratification to corporations; it merely established a procedure by which such ratifications could occur. [read post]
23 Jul 2024, 11:00 pm
SOUGHT RELIEF UNDER THE WRONG STATUTORY SECTIONAfter the Queens County Supreme Court granted A. [read post]