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8 Feb 2024, 6:00 am by DONALD SCARINCI
Court of Appeals for the 2nd Circuit erred in holding that a failure to make a disclosure required under Item 303 of SEC Regulation S-K can support a private claim under Section 10(b) of the Securities Exchange Act of 1934, even in the absence of an otherwise misleading statement. [read post]
7 Feb 2024, 2:35 pm by Marty Lederman
 In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
7 Feb 2024, 2:02 pm by Marty Lederman
In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
7 Feb 2024, 4:30 am by Michael C. Dorf
Anderson, which presents the question whether the Colorado Supreme Court erred when it held that Section 3 of the 14th Amendment bars Donald Trump from eligibility for the Presidency (and thus the ballot for the Presidency) in virtue of having "engaged in insurrection or rebellion" in the leadup to and during the breach of the Capitol on January 6, 2021 after having taken the oath of office nearly four years earlier. [read post]
6 Feb 2024, 2:26 pm by Tobin Admin
In a recent appeal, a Georgia motorist argued that the trial court erred in dismissing her case against an insurance company and that the trial court erred in denying her motion to vacate that ruling. [read post]
On appeal, the Delaware Supreme Court reversed the Chancery Court and ruled that it erred in imposing “the notion of reasonableness” (i.e., the “same test as applied to traditional non-compete agreements” with employees). [read post]
5 Feb 2024, 1:56 pm by Peter J. Stuhldreher, Paul M. Knettel
Thus, the 5th Circuit found that the Limitations Provision was enforceable and, therefore, the District Court erred by allowing Harris’ Section 1981 claims to proceed to trial. [read post]
4 Feb 2024, 8:53 pm by Howard Bashman
Anderson, the Respondents’ Theory Would Render Unconstitutional Every Speaker and President Pro Tempore Since 1789, as Well as President Grant’s VP and Presidential Candidate George McGovern; Justice Scalia erred because there are no ‘Officers of the United States’ appointed outside Article II, Section II” appeared first on How Appealing. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
”  Second, Trump claims that the Colorado courts erred in concluding that he “engaged in” an insurrection on January 6, 2021, assuming that the violence at the Capitol on that date constituted an insurrection (something Trump no longer challenges). [read post]
2 Feb 2024, 1:39 pm by Matthew Ackerman
* The following blog is an adaptation of the presentation Alan Ackerman and Matthew Ackerman gave on “The Fundamentals of Easement Valuation” at the American Law Institute’s Eminent Domain & Land Valuation Litigation Seminar in New Orleans on February 1, 2024. [read post]
2 Feb 2024, 9:54 am
Yurov (Foreign judgment; claim that trial court erred when it denied defendant's motion to open foreign judgment pursuant to statute (§ 50a-34 (b) (3)) on basis that judgment was repugnant to public policy of this state.) [read post]
1 Feb 2024, 9:21 am by Eric S. Solotoff
As to the problem of the trial court hearing substantial testimony regarding custody and parenting issues, the Appellate Division held: Moreover, the trial court erred in hearing extensive testimony regarding custody and parenting time issues before finding a need for a FRO. [read post]
1 Feb 2024, 9:00 am by NP Analytics
   There are, on average, 1.1 million ER visits due to TBIs each year in the US. [read post]
1 Feb 2024, 3:30 am by Liz Dunshee
More than a decade ago, a court aptly explained the problematic perceptions that flow from the Commission’s practice of settling without admissions and prohibiting denials: [H]ere an agency of the United States is saying, in effect, “Although we claim that these defendants have done terrible things, they refuse to admit it and we do not propose to prove it, but will simply resort to gagging their right to deny it. [read post]