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24 Jun 2020, 12:21 am
., concurring); see also Davis, 220 A.3d at 549 ("[T]o apply the foregone conclusion rationale in these circumstances would allow the exception to swallow the constitutional privilege. [read post]
19 Jun 2020, 1:35 pm
On appeal, PersonalWeb argued that the Kessler Doctrine should not be triggered by a voluntary dismissal. [read post]
18 Jun 2020, 7:55 am
Davis could make ongoing 401(k) contributions, the appeals court had to wade through more sloppy drafting of the bankruptcy “reform” act of 2005. [read post]
17 Jun 2020, 1:15 pm
Court of Appeals for the Federal Circuit today ruled in In Re PersonalWeb Technologies, Inc. that a district court’s 2014 dismissal of a patent infringement suit brought by PersonalWeb against Amazon barred PersonalWeb’s new infringement actions against Amazon and its customers. [read post]
15 Jun 2020, 12:33 pm
Davis is allowed to show up via telephone. [read post]
12 Jun 2020, 3:00 am
Appeals Court Upholds Order to Restore Reporter’s White House Press Pass Politico – Josh Gerstein | Published: 6/10/2020 A federal appeals court endorsed a judge’s order restoring a White House press pass to a reporter who wound up in a verbal altercation with one of President Trump’s most loyal and outspoken supporters in the Rose Garden last year. [read post]
10 Jun 2020, 3:55 pm
Accordingly, the United States Court of Appeals for the Ninth Circuit—the decisions of which are binding on the University of California—has expressly recognized that expression "related to [read post]
9 Jun 2020, 9:30 am
The bill added Civil Code, section 5986, subdivision (b) to the Davis-Stirling Act, which prohibits an association’s CC&Rs from limiting a Board’s authority to initiate legal proceedings against its Developer. [read post]
9 Jun 2020, 7:00 am
The case in support of that proposition is Davis-Garett v. [read post]
3 Jun 2020, 8:04 am
Davis, the Supreme Court held that it is the former—and that a motion to alter or amend a judgment under Rule 59(e) of the Federal Rules of Civil Procedure is part of the underlying proceeding for purposes of AEDPA. [read post]
2 Jun 2020, 8:34 am
His appeal went to the US Court of Appeals for the Fifth Circuit, which held that his 59(e) motion was a “successive habeas petition,” so they dismissed the appeal as untimely. [read post]
2 Jun 2020, 3:50 am
Davis, another 7-2 decision, the court held that a prisoner’s motion under Federal Rule of Civil Procedure 59(e), which sets out the procedures for a motion to alter or amend a judgment, should not be treated as a second or successive petition for habeas corpus. [read post]
29 May 2020, 7:30 am
Davis 19-1254Issues: (1) Whether the foregone-conclusion exception to the Fifth Amendment privilege against self-incrimination established in Fisher v. [read post]
22 May 2020, 6:30 am
She continued practicing law in Savannah, however, including the defense of judgments in worker’s compensation cases appealed into state court.Perhaps she wanted to spend more time on another activity than her position at the firm would allow. [read post]
20 May 2020, 9:01 pm
As bar examiners around the country grapple with administering bar exams this summer (either in July, as originally scheduled, or a month or two later) in the kind of socially distanced format the COVID-19 pandemic seems likely to require, a troubling pattern is emerging. [read post]
19 May 2020, 6:30 am
Davis. 1869. [read post]
15 May 2020, 3:40 pm
The trial also involves UC Davis. [read post]
15 May 2020, 3:00 am
The Federalist Society has been instrumental in identifying judicial nominees with legal careers focused on causes that have appealed to Republicans, such as opposition to gay marriage and to government funding for abortion. [read post]
14 May 2020, 10:44 am
The regulations apply the Davis definition to unwelcome conduct sexual harassment. [read post]
12 May 2020, 9:00 pm
Court of Appeals for the Second Circuit said that the clear notice to which states are entitled can come from the Executive branch (prior to the states’ receipt of federal monies). [read post]