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8 Jul 2024, 6:54 am by Dan Bressler
” “The 2nd US Circuit Court of Appeals in Manhattan said that while US District Judge Lewis Liman ‘almost certainly unknowingly’ had a conflict of interest, his partiality could reasonably be questioned because his wife’s ownership of Bank of America stock created an ‘appearance of impropriety.'” “Tuesday’s unsigned decision came nearly three years after a Wall Street Journal investigation found that more than 130… [read post]
8 Jul 2024, 4:45 am by Eric B. Meyer
However, the Eighth Circuit Court of Appeals applied some guardrails to this doctrine when it concluded that when an employer’s adverse employment action is “so inextricably related to” the employee’s protected class, “they cannot be considered independently of one another. [read post]
6 Jul 2024, 3:22 pm by Ilya Somin
This issue is currently being litigated in two cases before the US Court of Appeals for the Fifth Circuit. [read post]
6 Jul 2024, 7:25 am by Richard Hunt
This might be considered a save from the standpoint of legal analysis, but of course most cases are not appealed and the trial court’s decision is the only one that matters. [read post]
6 Jul 2024, 7:25 am by Richard Hunt
This might be considered a save from the standpoint of legal analysis, but of course most cases are not appealed and the trial court’s decision is the only one that matters. [read post]
5 Jul 2024, 4:25 pm by Lawrence Solum
Proposal #1: Require Justices to ride circuit and preside when federal courts of appeals sit en banc.Proposal #2: Impose statutory caps for outside income earned through book royalties, advances, and other similar business dealings. [read post]
5 Jul 2024, 1:54 pm by Edward T. Kang
Court of Appeals for the Eleventh Circuit affirmed the dismissal of a civil RICO claim, finding that the plaintiffs failed to satisfy Rule 9(b) because they failed to identify the time period during which the defendants made the alleged fraudulent statements and the specific content of such statements.. [read post]
5 Jul 2024, 11:39 am by Resnick Law Group, P.C.
The Third Circuit Court of Appeals recently ruled in favor of a public employee in a claim alleging retaliation based on his union activities. [read post]
5 Jul 2024, 9:28 am by Jon Brodkin
The case is in US District Court for the Northern District of Texas, so appeals would be heard in the US Court of Appeals for the 5th Circuit—which is generally regarded as one of the most conservative appeals courts in the country. [read post]
5 Jul 2024, 3:00 am by Jim Sedor
Circuit Court of Appeals said a District Court judge improperly granted summary judgment to the FEC in the case, which involves allegations that Rivera secretly funneled money to try to undermine a Democratic rival in 2012. [read post]
4 Jul 2024, 9:01 pm by Austin Sarat
District Court for the District of Columbia and then its Circuit Court of Appeals reiterated Kavanaugh’s and Roberts’s positions.As the circuit court put it in its per curiam opinion, “The structure of the Constitution mandates that the President is ‘amenable to the laws for his conduct’ and ‘cannot at his discretion’ violate them. [read post]
4 Jul 2024, 7:00 am by Christopher G. Hill
  A recent opinion from the 4th Circuit Court of Appeals confirms this principle. [read post]
3 Jul 2024, 3:19 pm by Amy Howe
Environmental Protection Agency, the court granted a request by three states and several private companies and trade groups to put a rule issued by the EPA on hold while a challenge to it continues in a federal appeals court. [read post]
3 Jul 2024, 2:55 pm by Daniel J. Gilman
Circuit Court of Appeals, which is not the U.S. [read post]
3 Jul 2024, 1:06 pm by Sabrina I. Pacifici
The questions they’re posing were highlighted on May 28 when Judge Kevin Newsom of the US Court of Appeals for the Eleventh Circuit wrote a concurring opinion in an otherwise mainstream insurance case floating the idea that generative AI large language models could be used to help determine the “ordinary meaning” of legal text. [read post]