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29 Apr 2015, 1:38 pm
The Court then turned to the proper standard of judicial review. [read post]
24 Apr 2015, 7:30 am
Dewitt tried again in state court in January 2011; this time the court, although dismissing the suit with prejudice, explained that it lacked “jurisdiction to hear” the case because Dewitt had not sought timely judicial review of the Hearing Authority’s order, and the appellate court affirmed. [read post]
24 Apr 2015, 6:28 am
Lopez-Valenzuela 14-825Issue: (1) Whether the Ninth Circuit erred in holding, contrary to this Court's decision in Demore v. [read post]
14 Apr 2015, 12:19 pm
As an initial matter, Judge Kocoras noted that “[t]he Seventh Circuit has not addressed whether a claim for declaratory relief is judiciable in the context of non-compete provisions. [read post]
14 Apr 2015, 12:19 pm
As an initial matter, Judge Kocoras noted that “[t]he Seventh Circuit has not addressed whether a claim for declaratory relief is judiciable in the context of non-compete provisions. [read post]
7 Apr 2015, 9:14 am
… The Seventh Amendment to the U.S. [read post]
27 Mar 2015, 1:21 pm
For many years, I argued on this blog that courts, when it came to ERISA breach of fiduciary duty cases, were too slow to decide cases on the facts and too quick to decide them on the basis of judicial assumptions or, worse yet, legal presumptions. [read post]
25 Mar 2015, 4:12 am
Although the district court got the law right on actus reus, the Ninth Circuit has since muddied the waters. [read post]
18 Mar 2015, 9:01 pm
The District Court Reverses the Bankruptcy Court Through a series of procedural moves that I still wonder about, we then landed in the District Court, where we briefed the issues as though in the first instance for Judge Rudolph Randa. [read post]
5 Mar 2015, 6:00 am
Robert Half International, Inc. 14-625Issue: Whether, where an arbitration agreement does not expressly refer to class arbitration, the determination of whether class or group arbitration is permitted by the agreement is a question of arbitrability, presumptively for the district court to decide (as the Third and Sixth Circuits have now held), or a question of interpretation and procedure for the arbitrator (as the First, Second, Seventh, and Eleventh Circuits, and… [read post]
20 Feb 2015, 10:06 am
On appeal, a divided panel of the Sixth Circuit affirmed the district court. [read post]
10 Feb 2015, 7:01 am
In a split decision, the Seventh District Court of Appeals denied Moore’s motion for delayed reconsideration, finding that he failed to show an extraordinary circumstance in filing his delayed application because Graham applied only to a sentence of life without possibility of parole, and thus did not apply to his case. [read post]
2 Feb 2015, 11:00 am
But today we will "Like" a pair of decisions out of the Southern District of Texas. [read post]
2 Feb 2015, 6:42 am
On his retaliation claims, the employee proceeded under the direct method and the district court concluded that he could not show a but-for causal connection between his protected activity and an adverse action. [read post]
26 Jan 2015, 9:44 am
The State asserts that the Seventh District based its decision on inapplicability of Graham and that a disagreement with a court’s reasoning or logic is not grounds for reconsideration. [read post]
23 Jan 2015, 9:30 am
Because class actions are out of control in California, there are lots more ascertainability cases in Ninth Circuit district courts that we haven't cited. [read post]
16 Jan 2015, 9:27 am
Noting that the Seventh Circuit, as well as some district courts, had reached the opposite conclusion, applying to federal habeas the general rule that an appellee may argue any ground in the record to support his judgment without filing a cross-appeal, Jennings filed a petition for certiorari, which the Court granted last March. [read post]
15 Jan 2015, 6:56 am
After a year of unsuccessful discussions, the EEOC notified Mach Mining that it had determined that the conciliation process had failed, and it filed a complaint in the district court. [read post]
14 Jan 2015, 2:19 pm
Dowd was lead trial counsel in the Southern District of New York the first Holocaust-era art case in U.S. federal court history ever to go to trial: Bakalar v. [read post]
13 Jan 2015, 9:44 am
Court of Appeals for the Seventh Circuit reversed. [read post]
