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13 Jun 2023, 4:05 am by Howard Friedman
Yesterday, the Minnesota Court of Appeals decided four separate appeals from decisions of Unemployment Law Judges who denied unemployment benefits because an applicant refused on religious grounds to comply with an employer's Covid vaccine mandate. [read post]
9 Jun 2023, 3:26 pm by Meg Tierney (US)
The United States Court of Appeals for the  Ninth Circuit reversed, ruling that Jack Daniel’s  infringement claim was subject to the Rogers test because the toy is an “expressive work” and therefore protected under the First Amendment. [read post]
9 Jun 2023, 3:26 pm by Meg Tierney (US)
The United States Court of Appeals for the  Ninth Circuit reversed, ruling that Jack Daniel’s  infringement claim was subject to the Rogers test because the toy is an “expressive work” and therefore protected under the First Amendment. [read post]
6 Jun 2023, 10:24 am by Rebecca Tushnet
” Over a dissent, the court of appeals reverses, except as to “PUP. [read post]
1 Jun 2023, 12:37 pm by Eugene Volokh
"[W]hen a jury returns a guilty verdict and the trial court grants the defendant's motion for new trial based upon insufficiency of the evidence … , double jeopardy prevents the trial court from entering any other judgment than an acquittal. [read post]
28 May 2023, 4:46 pm by Russell Knight
“[W]hen the property at issue is a small business and the parties have shown that they cannot work together, it is better to award the business solely to one party or the other. [read post]
11 May 2023, 12:50 pm by kblocher@hslf.org
Every step of the way, our side kept winning, and the opposition kept appealing. [read post]
2 May 2023, 4:00 am by Anna Price
  A federal district court had previously dismissed the case, which the plaintiffs partially appealed to the Ninth Circuit. [read post]
21 Apr 2023, 8:19 am by Chip Merlin
In its analysis, the court noted that the insured has the burden of proving that the loss was “fortuitous:” [W]hen Three Times a Lady sank, it was covered by an all-risk insurance policy, which protects against fortuitous losses, meaning losses that are unexplainable or ‘dependent on chance. [read post]
20 Apr 2023, 7:50 am by Alex Phipps
The Court of Appeals reversed and remanded the matter to the trial court. [read post]
10 Apr 2023, 9:00 pm by Vikram David Amar and Jason Mazzone
For example, in a posting a few years back, our friend and respected colleague Mark Tushnet of the Harvard Law School wrote: [W]hen a raucous crowd shouts down the speaker. [read post]
4 Apr 2023, 7:28 am by DONALD SCARINCI
The Fifth Circuit Court of Appeals agreed with the government’s assessment. [read post]
27 Mar 2023, 5:26 am by John Lewis
Petitioners argued that “[w]hen . . . the issue on appeal is whether a case should proceed at all in court or . . . in arbitration, the entirety of the federal district court case is involved in the appeal. [read post]
26 Mar 2023, 5:00 pm
Petitioners argued that “[w]hen . . . the issue on appeal is whether a case should proceed at all in court or . . . in arbitration, the entirety of the federal district court case is involved in the appeal. [read post]
10 Mar 2023, 2:38 am by Nedim Malovic
Here’s what Henning writes:Critical review of recent design case law by the General Courtby Henning HartwigSince 1 May 2019, under Article 58a (1) Statute of the Court of Justice of the European Union (CJEU), an appeal brought against a decision of the General Court concerning a decision of an independent Board of Appeal of European Union Intellectual Property Office (EUIPO) is not to proceed unless the CJEU first decides that it should be allowed to do so. [read post]