Search for: "In Re Amendments to Rules of Civil Procedure"
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1 Jul 2009, 8:55 am
This rule would seem to promote a procedural ideal--that of juries, not judges, determining the existence of those facts upon which increased punishment turns. [read post]
12 Jul 2016, 5:52 am
Lhamon, Assistant Secretary for Civil Rights and head of the DoE Office of Civil Rights has gone off the reservation. [read post]
18 Apr 2015, 2:08 pm
Rule 3211(a)(5) of the New York Civil Practice Law & Rules provides that a party may move to dismiss a cause of action on the ground of collateral estoppel or res judicata. [read post]
25 Mar 2021, 11:33 am
Note – this is a civil procedure case that I’ve been following. [read post]
8 Mar 2021, 4:17 pm
A1 TRANSPORTATION NETWORK, INC., Appellee. 3rd District.Civil procedure -- Summary judgment -- Affidavit in opposition to motion -- Declaration -- Where declarations submitted in opposition to summary judgment were based upon personal knowledge and sworn under penalty of perjury, and motion to exclude these documents was not made until summary judgment hearing, trial court erred in denying movant's motion for continuance to correct technical differences between a declaration and… [read post]
28 Apr 2014, 4:44 am
GoDaddy then filed a motion under Rule 168 of the TexasRules of Civil Procedure, in which it asked the trial judge to certify the denial of its motion to dismiss to the Court of Appeals. [read post]
21 Mar 2016, 8:06 am
But Betterman too has some “plain language”: the Sixth Amendment says “speedy and public trial,” and Betterman says that the Court has ruled previously that the right to a “public” trial includes sentencing (In Re Oliver, 1948). [read post]
1 Feb 2017, 2:01 pm
For those interested in Federal Court of Appeal procedure, there is no such thing as “cross” judicial review. [read post]
1 Feb 2017, 2:01 pm
For those interested in Federal Court of Appeal procedure, there is no such thing as “cross” judicial review. [read post]
16 Nov 2018, 4:13 pm
(Within adversary probate proceedings, Florida Rules of Civil Procedure apply, and the case proceeds essentially as if this was a civil lawsuit, meaning parties can conduct discovery, make requests for production of derogatories, interrogatories and depositions. [read post]
15 Sep 2021, 3:22 am
” In re Grand Jury Subpoena, 866 F.3d 231, 233 (5th Cir. 2017). [read post]
26 Sep 2007, 9:35 am
And while I'm not remotely a constitutional scholar, it doesn't seem to me that we've chosen practicality over constitutional purity if we build some exit ramps into civil procedure. [read post]
6 Jan 2007, 5:39 am
This judicial attitude is not limited to judges with an eye on re-election. [read post]
28 Nov 2006, 2:34 am
This judicial attitude is not limited to judges considering re-election. [read post]
16 Feb 2011, 12:41 pm
On MFS's First Amendment retaliation claim, the Judge ruled that the exercise of the company's First Amendment rights was not a substantial or motivating factor for the actions of the PADEP employees, which included issuing a draft Title V permit with conditions the plaintiff found objectionable. [read post]
24 Nov 2022, 9:03 pm
The new rule amends and clarifies two prior amendments that, according to the Labor Department, “unnecessarily restrained” retirement plan fiduciaries by forcing them to select investments based solely on pecuniary factors, such as investment risk and return. [read post]
5 Sep 2019, 9:05 pm
” The American Civil Liberties Union of Massachusetts and Lawyers for Civil Rights sued the Trump Administration for ending a program that protected immigrants with life-threatening health conditions from deportation. [read post]
30 Jun 2024, 11:49 am
Camp (2022) This case addressed a procedural aspect of qualified immunity. [read post]
30 Jun 2024, 11:49 am
Camp (2022) This case addressed a procedural aspect of qualified immunity. [read post]
30 Jun 2024, 11:49 am
Camp (2022) This case addressed a procedural aspect of qualified immunity. [read post]
