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The three-judge panel reasoned that the remand order was not an invitation for the Board to reconsider what legal standard to apply, but rather, was an instruction to apply the legal standard set forth in GM. [read post]
19 Jul 2024, 1:10 pm by John Ross
First Circuit Senior Judge Bruce Selya gets a lot of attention for his penchant for unusual vocabulary. [read post]
The US Court of Appeals for the Sixth Circuit found that the plaintiff did not have standing in the case, dismissing the plaintiff’s challenge to the law’s constitutionality. [read post]
19 Jul 2024, 9:03 am by Jonathan H. Adler
Judge Dennis dissented, joined by Judges King, Stewart, Graves, Higginson, and Douglas. [read post]
Even if he loses, she has a gazillion other motions to get through until this case goes to trial, unless the 11th Circuit decides it has had enough of this judge. [read post]
19 Jul 2024, 7:55 am by Alan S. Kaplinsky
In the petition, they requested the Fifth Circuit en banc to rehear other claims in their case attacking the remnants of the CFPB’s payday lending regulation which had earlier been rejected by the same Fifth Circuit panel of judges who held that the CFPB was unconstitutionally funded.... [read post]
19 Jul 2024, 6:31 am by Second Circuit Civil Rights Blog
The Second Circuit (Menashi and Raggi, with Judge Kearse in dissent) finds that the state law claims that survived the verdict against the hospital are not consistent with the claims that plaintiff lost in her trial against the hospital, because they all grew out of the same allegations relating the sexual assault. [read post]
19 Jul 2024, 4:08 am by Gwendolyn Whidden
A federal judge in a case stemming from one of the worst known cyberattacks rejected a bid by the Securities and Exchange Commission to regulate corporate cybersecurity controls. [read post]
19 Jul 2024, 4:00 am by jonathanturley
The decision will soon force the Eleventh Circuit and possibly the Supreme Court in the wonderland of Special Counsels. [read post]
19 Jul 2024, 3:00 am by Jim Sedor
Trump’s Classified-Documents Case Dismissed by Judge Aileen Cannon MSN – Devlin Barrett and Perry Stein (Washington Post) | Published: 7/15/2024 U.S. [read post]
18 Jul 2024, 4:57 pm by Dennis Crouch
This was a case where both Chief Judge Moore and Judge Stoll were on the panel —  two of the remaining judges who tend to favor patentees. [read post]
18 Jul 2024, 1:45 pm by Eugene Volokh
But because the Ninth Circuit's peculiar en banc procedures do not guarantee participation in the en banc panel to all active judges, a disgrantle is the only guaranteed way a judge on this court can publicly explain why it was inappropriate for our court to take a particular case en banc. [read post]
18 Jul 2024, 1:17 pm by Ashley Belanger
At a hearing Wednesday, three judges in the 9th US Circuit Court of Appeals seemed inclined to agree with Musk that a California law requiring disclosures from social media companies that clearly explain their content moderation choices likely violates the First Amendment. [read post]
18 Jul 2024, 11:15 am by Eileen McDermott
The decision was precedential and authored by Judge Cunningham. [read post]
18 Jul 2024, 8:37 am by Adam Levitin
Judge Goldblatt cites only two circuit-level for this proposition. [read post]
18 Jul 2024, 3:55 am by Jack Bogdanski
The Ninth Circuit affirmed the rulings of a federal trial judge in Seattle that (a) the police are not immune from civil liability as a matter of law, and (b) it's up to a jury to decide whether the police shot Peterson, a penny-ante drug dealer, from behind as he was running away from them. [read post]