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20 Apr 2023, 10:26 am by Ronald Mann
Section 363(m) would have made it difficult to challenge the transfer to Transform, because “reversal … on appeal of an authorization … of a sale … of property does not affect the validity of a sale … under such authorization” unless the challenger obtains a stay of the order. [read post]
20 Apr 2023, 8:00 am by Public Employment Law Press
Circuit Court of Appeals, Second Circuit, addresses claims by government officials of their "entitlement to qualified immunity" in the underlying litigation. [read post]
20 Apr 2023, 8:00 am by Public Employment Law Press
Circuit Court of Appeals, Second Circuit, addresses claims by government officials of their "entitlement to qualified immunity" in the underlying litigation. [read post]
20 Apr 2023, 7:59 am by James Segroves
First promulgated in 2010 and amended on multiple occasions since then, § 422.311 establishes a three-level appeals process through which MA organizations “may” appeal RADV audit results. [read post]
20 Apr 2023, 6:29 am by Amy Howe
  The FSIA also does not shield the bank from criminal prosecutions, Kavanaugh continued. [read post]
20 Apr 2023, 5:47 am by Amy Howe
Thomas argued in dissent that, even if Reed had filed his federal challenge on time, the district court did not have the power to review Reed’s claim because his lawsuit boils down to an appeal of the judgment of the Texas Court of Criminal Appeals – which does not fall within the federal courts’ jurisdiction. [read post]
19 Apr 2023, 9:01 pm by Neil H. Buchanan
In our experience, student organizations often go for a speaker who has been in the headlines, when somebody less noisy could deliver richer substance on the same topic.Just because someone is a judge does not stop him from being a provocateur. [read post]
19 Apr 2023, 6:13 pm by Josh Blackman
How could Reed "appeal" the Court of Criminal Appeal's decision to a federal district court? [read post]
19 Apr 2023, 2:47 pm by David T. Fischer and Sheela Ranganathan
Defense counsel countered that Petitioners’ approach would be unworkable as a practical matter in many contexts and would unduly burden every company that does business, directly or indirectly, with the government. [read post]
19 Apr 2023, 2:04 pm by Mavrick Law Firm
For example, important precedent from Florida’s Third District Court of Appeal in Unistar v. [read post]
19 Apr 2023, 1:49 pm
Does that really mean -- as the Court of Appeal holds -- that Mr. [read post]
19 Apr 2023, 12:45 pm by Chip Merlin
Watson, the Louisiana Fourth Circuit Court of Appeal invalidated an arbitration clause in an insurance contract pursuant to the statute. [read post]
19 Apr 2023, 12:18 pm by Mark Ashton
In a direct appeal to the Supreme Judicial Court, that court held that while state have a compelling interest in protecting children, that does not mitigate the protections of the 1st Amendment. [read post]
19 Apr 2023, 12:10 pm by Kevin LaCroix
 The corporate interest in increasing its long-term value does not have to be inconsistent with ESG’s goals. [read post]
19 Apr 2023, 11:35 am by Eugene Volokh
The decision was appealed, but has now apparently been settled, so the appeal will likely be dismissed (but the district decision will remain as potentially persuasive precedent). [read post]
19 Apr 2023, 11:30 am by Paul Cassell
The point that Attorney General Weiser emphasized today is presumably why the majority of states–and most federal Courts of Appeals–have recognized that the First Amendment does not impose barriers to legislative action to criminalize "true threats. [read post]