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30 Jun 2017, 1:43 am
The majority decision (written by Abella J) applies the standard three-part test for an interlocutory injunction (para 25). [read post]
29 Jun 2017, 11:29 am
Rodriguez (testing the constitutionality of prolonged immigration detention without a bond hearing). [read post]
29 Jun 2017, 9:25 am
The post-hoc approach of Bivens counterintuitively helped the plaintiffs in Hernandez v. [read post]
29 Jun 2017, 7:29 am
The plaintiffs did not contest the government’s authority to detain them pending removal. [read post]
29 Jun 2017, 3:09 am
But as this excerpt notes, the 2nd Circuit took a different approach: The Second Circuit declined to adopt Shaw’s “extreme departure” standard, adhering instead to the materiality test it articulated in DeMaria v. [read post]
29 Jun 2017, 2:26 am
A grave mistake as the tribunal considered that the plaintiff's did "not explain who authored the choices regarding the subject's pose, his styling, and overall demeanor. [read post]
28 Jun 2017, 3:56 pm
[Volokh Conspiracy / Washington Post] * Now that Harvard Law School will accept GRE scores in lieu of LSAT scores, what do law school applicants need to know about the two tests? [read post]
28 Jun 2017, 3:42 pm
App’x 445 (6th Cir. 2004) (affirming the “district court’s conclusion that a substantial burden existed based on a zoning ordinance that required the plaintiffs, who wanted to establish an overnight religious retreat, to operate as a bed-and-breakfast establishment. [read post]
28 Jun 2017, 3:22 pm
They observe that the decision helpfully reviews the development and significance of the “ministerial/discretionary” distinction, and the “functional test” for distinguishing between the two types of approvals, and that the matter is of considerable public interest because that distinction demarcates which project approvals are, and which are not, subject to CEQA. [read post]
28 Jun 2017, 3:17 pm
Philip Henry delivers his opening statement for the plaintiffs at trial against two doctors accused of negligence that led to a patient's cancer death. [read post]
28 Jun 2017, 12:44 pm
Goldfinger and Azka Ashan, for the Plaintiffs Anna L. [read post]
28 Jun 2017, 9:26 am
The plaintiffs obtained a default order against the defendants. [read post]
28 Jun 2017, 8:42 am
Applying this test, the California Supreme Court concluded that Bristol-Myers Squibb’s “extensive contacts with California” permitted the exercise of specific jurisdiction “based on a less direct connection between [Bristol-Myers Squibb’s] forum activities and plaintiffs’ claims than might otherwise be required”. [read post]
28 Jun 2017, 8:30 am
This basis does not address the underlying question, of whether generally a district court can cherry pick claims asserted by a plaintiff to find that the Mayo/Alice test is not satisfied, and while this conclusion may be the correct one, in this case affirming this procedural shortcut precludes future plaintiffs of the ability to overcome a Section 101 challenge based on there being at least one asserted claim that satisfies the test. [read post]
28 Jun 2017, 7:04 am
This is because, unlike with DUIs, there is no clear test to determine whether a person was driving while sleepy or drowsy. [read post]
28 Jun 2017, 2:02 am
A grave mistake as the tribunal considered that the plaintiff's did "not explain who authored the choices regarding the subject's pose, his styling, and overall demeanor. [read post]
27 Jun 2017, 11:47 am
The plaintiff had satisfied the test as a matter of law. [read post]
27 Jun 2017, 11:23 am
As I wrote about this prospect: [A] “test” so amorphous probably just boils down to whether five justices believe judicial review under the Constitution is, in their estimation, salutary in a given context. [read post]
27 Jun 2017, 9:23 am
On the issue of undue influence, the Court cited the test set out by the Supreme Court of Canada in the case of Geffen v. [read post]
27 Jun 2017, 9:15 am
Levin, the justices agreed to decide whether bankruptcy courts should apply a federal rule of decision, involving a multi-factor test, or state law when deciding whether to recharacterize a debt claim as a capital contribution in bankruptcy. [read post]
