Search for: "FIRST MERIT"
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12 Aug 2020, 5:01 am
Unlawful discrimination on the basis of, or burdens on, or abridgement of the rights to, religion Violation of the First Amendment Establishment Clause under 42 U.S.C. [read post]
11 Aug 2020, 10:05 am
Should a vote be required, there almost certainly wouldn't be a majority in favor of a cert petition.The fact that the summary judgment under contract law has been vacated as moot without reaching the merits is unfortunate, but it makes sense that the Ninth Circuit panel didn't want to remand the case if the outcome under the antitrust laws was so very clear--to the panel--regardless of whether or not Qualcomm had contractual obligations to grant component-level licenses.It's… [read post]
11 Aug 2020, 9:47 am
This despite them being on an equal footing of merit and experience as that of their male counterparts, they will not be preferred for those matters, in the first place. [read post]
11 Aug 2020, 7:49 am
The judge found plaintiffs showed a reasonable probability of prevailing on their claims because defendants’ arguments lacked merit. [read post]
11 Aug 2020, 6:00 am
Adding “rot” to the mix, and things get even worse, because as far as I can tell, constitutional rot isn’t associated with past regime transitions (or anything else systematic); the First Gilded Age is there, but what it has to do with regime transitions is obscure. [read post]
10 Aug 2020, 6:18 pm
The first category comprises money-mandating claims, i.e., claims that can be brought under the statutes themselves. [read post]
10 Aug 2020, 3:17 pm
The post RNC, Rhode Island Republicans ask justices to intervene in absentee-ballot dispute appeared first on SCOTUSblog. [read post]
10 Aug 2020, 1:10 pm
The SAFE TO WORK Act is a comprehensive piece of proposed legislation that seeks to limit all three aspects of a lawsuit: procedure, merits, and relief. [read post]
10 Aug 2020, 11:31 am
The outcome: We agree with plaintiffs and amici that the First Amendment stakes here are high. [read post]
10 Aug 2020, 8:48 am
Since the FTCA authorizes injunctive relief, irreparable harm was presumed, and the only thing to do was to weigh the equities and consider the likelihood of success on the merits. [read post]
10 Aug 2020, 8:00 am
More concretely, let's consider a topic that was in the news some years ago (when I first blogged a version of this post): immunizations against sexually transmitted diseases, such as HPV. [read post]
10 Aug 2020, 7:21 am
Stephens’ adult daughter, heir, and only surviving child from his first marriage. [read post]
10 Aug 2020, 6:03 am
An evaluator does express an opinion related to the case merits. [read post]
9 Aug 2020, 3:11 pm
Accordingly, Plaintiffs’ First Amendment claim was denied. [read post]
8 Aug 2020, 2:19 pm
The Court is not persuaded by the State Defendants' argument that the fact that part of the purpose of a wedding is for the married couple to interact with friends and family is sufficient to justify finding that weddings are practically dissimilar from ordinary dining and thus do not merit to be treated the same as an ordinary dining use of the venue. [read post]
7 Aug 2020, 7:47 pm
It comes almost a year after the release of the first Draft--which generated substantial support among those inclined to embrace its normative or strategic objectives, and substantial criticism among everyone else. [read post]
7 Aug 2020, 2:55 pm
” The post Federal judge orders all detainees at California ICE detention center to be tested for COVID-19 appeared first on JURIST - News - Legal News & Commentary. [read post]
7 Aug 2020, 1:37 pm
Judge Rogers wrote for the majority: Consideration of McGahn's other contentions — including threshold pre-merits objections that there is no subject matter jurisdiction and no applicable cause of action, and potential consideration of the merits if reached — remain to be decided and are remanded to the panel to address in the first instance. [read post]
7 Aug 2020, 10:36 am
First, Rule 40(i)(1), SCRCP, provides counsel may request a continuance “as actions are called. [read post]
7 Aug 2020, 8:53 am
However, in its recent decision, the Ninth Circuit dismissed the appeal and held that: (1) the jurisdictional question was an issue of first impression that had not been resolved by the Supreme Court; (2) the collateral order doctrine did not apply because the district court’s order did not decide important issues separate from the merits; and (3) where the Government has declined to intervene in an FCA case, the interest implicated by an erroneous denial of a… [read post]