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18 Mar 2024, 6:55 am by Richard Reibstein Esq.
One of the few cases addressing this issue was a federal district court decision that deviated from such opinion letters and concluded that a company could not use the employment purpose to procure background checks on individuals the company regarded as independent contractors.[2] In that case, the court held that, by procuring a criminal background check on an independent contractor, the company engaged in a willful violation of FCRA, thereby exposing it to actual,… [read post]
17 Mar 2024, 1:00 pm by Legal Profession Prof
The opinion of the District of Columbia Court of Appeals in the Jeffrey Clark subpoena enforcement is linked here. [read post]
15 Mar 2024, 5:15 pm by Josh Blackman
I pass along this comment I received from a well-known attorney in Texas who clerked on both the federal District Court level and at the Fifth Circuit. [read post]
15 Mar 2024, 6:24 am by Amy Howe
  The Biden administration went to the 5th Circuit, which largely upheld Doughty’s order. [read post]
13 Mar 2024, 6:08 pm by Ilya Somin
As the district court put it, "[i]n the last analysis, the result to be accomplished is to classify the population and segregate them according to their income or situation in life. [read post]
12 Mar 2024, 12:46 pm by admin
  State court analogues to these rules replicated the debate in state courts around the country. [read post]
12 Mar 2024, 12:27 pm by Race to the Bottom
Court of Appeals for the 5th Circuit ruled in favor of the Plaintiff finding that the SEC's actions violated Mr. [read post]
10 Mar 2024, 8:43 am by Nedim Malovic
As a legal practitioner himself and as a deputy district court judge and appellate court justice he has shaped our case law. [read post]
5 Mar 2024, 8:26 am by Lawrence Moore
The district court may have had discretion in determining that plaintiffs’ model was sufficient as a measure of damages at class certification, but that discretion did not, in the court’s view, “carry over from the context of damages to the context of liability. [read post]
27 Feb 2024, 3:53 pm by Amy Howe
Court of Appeals for the District of Columbia Circuit upheld the regulation. [read post]
27 Feb 2024, 7:50 am by Legal Profession Prof
I am advised that the District of Columbia Court of Appeals has entered an order sustaining Jeffrey Clark's objection to document production in response to Disciplinary Counsel's subpoena on 5th Amendment grounds. [read post]
23 Feb 2024, 12:34 pm by John Elwood
The district court dismissed the case on the ground that the suit was barred under NAACP v. [read post]
23 Feb 2024, 9:25 am by Holly
This case underscores a significant divide among the federal circuit courts regarding the powers of Federal District Courts during the pendency of arbitration processes. [read post]