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8 May 2020, 12:30 pm
One fun feature of federal civil procedure is the "finality trap," an interaction of rules that leads to undead cases—too final for the district court to change but not final enough to appeal. [read post]
8 May 2020, 11:56 am
§ 960 and states: Whoever, within the United States, knowingly begins or sets on foot or provides or prepares a means for or furnishes the money for, or takes part in, any military or naval expedition or enterprise to be carried on from thence against the territory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States is at peace, shall be fined under this title or imprisoned… [read post]
8 May 2020, 11:00 am
District Court Determines No Personal Jurisdiction Exists Under Rules (4)(k)(1) and (4)(k)(2) of the Federal Rules of Civil Procedure Where Plaintiff Could Show Only a Single Infringing Unit Was Sold in the State and Defendant’s Website and Other Activities Were Not Directed at Residents of the State by Stan Gibson and Julia Consoli-Tiensvold In Miller Industries Towing Equipment Inc., v. [read post]
8 May 2020, 4:15 am
The Federal Circuit recently issued an opinion affirming the United States District Court for the District of Delaware’s decision that assignor estoppel did not bar the assignor Minerva Surgical, Inc. [read post]
8 May 2020, 3:47 am
United States, 54 App. [read post]
7 May 2020, 9:01 pm
As a federal district court noted in 1945 “no power or jurisdiction is vested in this court to control…the exercise by the United States Attorney of the discretion and judgment which the law entrusts to him in the prosecution of persons suspected of the violation of the laws of the United States. [read post]
7 May 2020, 4:39 pm
These are quite literally the positions that the Justice Department under Attorney General William Barr took today in a U.S. federal court. [read post]
7 May 2020, 12:57 pm
United States, 481 U.S. 412 (1987), in which the United States Supreme Court interpreted the jury trial provision of the Seventh Amendment to the federal Constitution and held that where the government seeks both injunctive relief and civil penalties, the defendant is entitled to a jury trial on the question of liability. [read post]
7 May 2020, 12:24 pm
United States, Welch v. [read post]
7 May 2020, 11:15 am
In another case, DOJ announced on April 17, 2020, that the United States District Court for the Southern District of Florida issued a TRO to halt the sale of an unapproved and potentially dangerous industrial bleach product being marketed as a “miracle” treatment for COVID-19. [read post]
7 May 2020, 11:09 am
E.g., United States House of Representatives v. [read post]
7 May 2020, 7:01 am
United States Department of Commerce and Litgo N.J., Inc. v. [read post]
7 May 2020, 6:30 am
After all, in 1841 we get the first of the Supreme Court’s slavery point-counter points in United States v. [read post]
7 May 2020, 3:41 am
The district court rejected that argument, but the Fourth Circuit reversed. [read post]
6 May 2020, 9:05 pm
District Court Judge Greg Kays resolve some issues for the approximately 130,000 professionals who slaughter and process meat and poultry in the United States. [read post]
6 May 2020, 11:44 am
Despite the fact that people and cars will only appear as a pixel that reveals no personal identifying information, the ACLU tried to block the pilot program by filing for a restraining order in the United States District Court. [read post]
6 May 2020, 11:44 am
Despite the fact that people and cars will only appear as a pixel that reveals no personal identifying information, the ACLU tried to block the pilot program by filing for a restraining order in the United States District Court. [read post]
6 May 2020, 11:43 am
Turning to the issue of nationwide injunctions, Clement suggested that it is “particularly inappropriate” for a court to issue an order that binds the government throughout the United States in a case like this one. [read post]
6 May 2020, 3:49 am
” At Vox, Ian Millhiser writes that “[n]ext week, the Supreme Court will hear three cases that could upend one of the most basic assumptions that the Court has maintained since the Nixon years — that the president of the United States is not above scrutiny or immune from investigation. [read post]
5 May 2020, 11:50 am
Mayor and City Council of Baltimore 19-1189Issue: Whether 28 U.S.C. 1447(d) permits a court of appeals to review any issue encompassed in a district court’s order remanding a removed case to state court when the removing defendant premised removal in part on the federal-officer removal statute, 28 U.S.C. 1442, or the civil-rights removal statute, 28 U.S.C. 1443. [read post]
