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28 Sep 2011, 7:51 pm
Even if the remand to state court was legally erroneous, it said, review by the district court or the Eleventh Circuit is still barred by sec. 1447: "The case has been removed to state court, and that is where it will stay. [read post]
15 Dec 2021, 1:31 pm by Eric Goldman
As a double-insult, 512(f) preempts related state law claims over abusive takedown notices, so it actually leaves victims worse off than if 512(f) didn’t exist by clearing out the field. [read post]
5 Jan 2018, 9:18 am by Eric Goldman
” It cites a Maine state court case that never showed up in my Westlaw alerts,  Donaher, III v. [read post]
5 Jan 2018, 9:18 am by Eric Goldman
” It cites a Maine state court case that never showed up in my Westlaw alerts,  Donaher, III v. [read post]
10 Feb 2011, 4:42 pm by Brian Shiffrin
Both the United States Supreme Court and the New York Court of Appeals have held that once a defendant chooses to be represented by counsel, counsel and not the defendant has control over most strategic decisions are made by the attorney and not the defendant (Jones v Barnes, 463 US 745, 751 [1983]; People v White, 73 NY2d 468, 478 [1989]). [read post]
22 Oct 2007, 4:26 pm
Justice Heald, in the case of Schenley Distilleries Ltd. v. [read post]
12 Jun 2014, 9:04 am by INFORRM
The Court of Appeal has published its decision in Guardian News Media v AB and CD. [read post]
15 May 2023, 12:56 pm by Jeff Welty
The Fourth Circuit considered the intersection of open carry and Terry in United States v. [read post]
25 Apr 2013, 5:45 pm by Rick E. Rayl
We've talked in the past about just how hard it is to state a regulatory takings claim under the Supreme Court's decision in Penn Central Transportation Co. v. [read post]