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10 Apr 2019, 9:05 pm
Court of Appeals for the Ninth Circuit, the International Franchise Association begged the court not to apply the ABC test from Dynamex to franchise relationships. [read post]
10 Apr 2019, 1:02 pm
Court of Appeals for the 2nd Circuit affirmed. [read post]
10 Apr 2019, 11:05 am
Second, with regard to petitioners’ detention-based claims, the court found that 8 U.S.C. [read post]
Illinois District Court Stays Conditional Certification Order Pending Appeal on Arbitrability Issues
10 Apr 2019, 10:38 am
On April 9 the district court granted that motion without a written opinion. [read post]
10 Apr 2019, 8:50 am
That result would be a disaster in the courts of appeals. [read post]
10 Apr 2019, 6:55 am
Double jeopardy generally precludes instituting a second prosecution for the same offense after a conviction, so in the absence of a statutory exception that allows for a “resumption” of the more serious prosecution after a conviction in district court, double jeopardy potentially bars the state from filing a new charge for the same underlying conduct on appeal to superior court. [read post]
9 Apr 2019, 9:05 pm
The opinion concluded with the words “we reverse the judgment of the district court and vacate the Fiduciary Rule in toto. [read post]
9 Apr 2019, 10:00 am
The Court of Appeals reinstates the claim after providing a good tutorial on hostile work environment law in the Second Circuit. [read post]
9 Apr 2019, 9:21 am
The reversal follows a remand from the Second Circuit: the appeals court directed the trial court to permit Djibo time and public funds to obtain a full translation of the material, which turned out to contain messages in Swahili that undercut the government’s theory that Djibo was the mastermind behind a ring that smuggled 100 kilos of heroin from Africa. [read post]
9 Apr 2019, 6:00 am
The Supreme Court declined to hear the widow’s appeal. [read post]
9 Apr 2019, 5:03 am
” Due Process Huawei’s second argument is that singling out the company in this way violates its due process rights. [read post]
6 Apr 2019, 11:18 pm
In October 2017, the Missouri Court of Appeals included a “see also” cite to a Tentative Draft defining the “all-sums” approach to exhaustion. [read post]
6 Apr 2019, 11:18 pm
In October 2017, the Missouri Court of Appeals included a “see also” cite to a Tentative Draft defining the “all-sums” approach to exhaustion. [read post]
6 Apr 2019, 11:18 pm
In October 2017, the Missouri Court of Appeals included a “see also” cite to a Tentative Draft defining the “all-sums” approach to exhaustion. [read post]
6 Apr 2019, 10:00 pm
The Court of Appeals reasoned a buyer cannot recover for the misrepresentation of an obvious defect. [read post]
6 Apr 2019, 9:29 am
Court of Appeals for the D.C. [read post]
4 Apr 2019, 10:57 am
Here, the Appellate Division, Second Department, ruled that the ZBA improperly dismissed the appeal since the “inherent” decision from which the appeal was taken had not been filed as required by law. [read post]
4 Apr 2019, 7:38 am
Court of Appeals for the 9th Circuit. [read post]
4 Apr 2019, 5:30 am
The petitioner [Plaintiff] in this action appealed the federal district court's dismissal of his claims that members of a hiring committee at a State University of New York campus discriminated against him based on his age and disability and violated his First Amendment rights to free speech and academic freedom to the United States Circuit Court of Appeals, Second Circuit. [read post]
4 Apr 2019, 5:30 am
The petitioner [Plaintiff] in this action appealed the federal district court's dismissal of his claims that members of a hiring committee at a State University of New York campus discriminated against him based on his age and disability and violated his First Amendment rights to free speech and academic freedom to the United States Circuit Court of Appeals, Second Circuit. [read post]