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31 Mar 2017, 7:14 am by Docket Navigator
There is no hierarchy of procedures, as [defendant] suggests, that requires [plaintiff] to attempt service through the Hague Convention or other means before seeking an order under Rule 4(f)(3). . . . [read post]
31 Mar 2017, 6:33 am by Second Circuit Civil Rights Blog
City of New York, 176 F.3d 138, 148 (2d Cir. 1999): “Victims of unreasonable searches or seizures . . . cannot be compensated [under § 1983] for injuries that result from the discovery of incriminating evidence and consequent criminal prosecution. [read post]
31 Mar 2017, 4:38 am by Edith Roberts
City of Joliet and Endrew F. v. [read post]
30 Mar 2017, 4:41 am by Edith Roberts
Briefly: At the Special Education Law Blog, Jim Gerl discusses last week’s decision in Endrew F. v. [read post]
29 Mar 2017, 9:03 pm by Robert E. Connolly
”[3] Nonetheless, arguing that a foreign defendant is not a fugitive (assuming he did not flee the United States upon or in anticipation of indictment) is the first step in distinguishing the foreign defendant from the convicted defendant who flees but seeks an appeal. [read post]
29 Mar 2017, 1:56 pm by Kevin
And it’s not like he needs to set aside a lot of time for things like, you know, reading stuff: [F]or the moment, Mr. [read post]
29 Mar 2017, 8:56 am by Richard Hunt
AMC Entertainment, 549 F. 3d 760 (9th Cir. 2008) that a failure to give fair notice of what was required violated due process. [read post]
29 Mar 2017, 7:29 am by Joy Waltemath
Sections 1182(f) and 1152(a) deal with different aspects of the immigration process. [read post]
29 Mar 2017, 6:48 am by Juan C. Antúnez
To the extent the defendant state officials simply need a clear resolution of the perceived conflict between the federal constitutional requirement and the state statute, this order provides it. [read post]
29 Mar 2017, 5:03 am by Edith Roberts
” Briefly: At the National Conference of State Legislatures’ blog, Lisa Soronen discusses last week’s decision in Endrew F. v. [read post]
Estes Express Lines Inc., 631 F.3d 1010 (9th Cir., 2011) and held that it must analyze only the allegations in the complaint to determine whether the plaintiffs sought significant relief from an in-state defendant and whether the in-state defendant’s alleged conduct formed a significant basis for the claims asserted. [read post]
28 Mar 2017, 9:01 pm by Sherry F. Colb
In Tanner, two jurors revealed that people on the jury were drinking and using drugs during the defendant’s criminal trial, but the jurors were not permitted to testify accordingly. [read post]
28 Mar 2017, 9:40 am by Jason Shinn
Whirlpool Corp., 556 F.3d 502 (6th Cir., 2009) (Title VII extended to Plaintiffs who were not members of the protected class but claimed they were discriminated against because they were friends with and spoke out on behalf of their African-American co-workers). [read post]
28 Mar 2017, 6:22 am by Wystan Ackerman
Would a court of appeals have to accept an appeal it had previously rejected under Rule 23(f)? [read post]
28 Mar 2017, 3:48 am by Edith Roberts
” Last Wednesday, the court issued a unanimous decision in Endrew F. v. [read post]