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21 Feb 2015, 11:31 am
Whether the lawyers involved in this matter will be allowed to continue practicing law at Foley & Lardner in the long term is something that only time will tell. [read post]
18 Feb 2015, 1:28 pm
The Supreme Court granted cert (owing to a conflict among the circuits on this question of whether the prohibition on “possession” includes owner-directed transfers), and oral argument in the case (Henderson v. [read post]
2 Feb 2015, 1:25 pm
While the Court in Iskanian confirmed that an express class action waiver in an employment arbitration agreement is enforceable under California law, it also held that an arbitration agreement provision barring arbitration of a workers’ representative Private Attorneys General Act (PAGA) claim is invalid as a matter of California public policy. [read post]
30 Jan 2015, 8:42 am
Who knew there were that many murders (or, for that matter, Carrs) in Kansas? [read post]
24 Jan 2015, 6:41 am
I read the cert petition as raising a pretty specific question: When a traffic stop is over, can the government extend the stop for a dog sniff, and if so, for how long? [read post]
23 Jan 2015, 8:42 am
When, however, a jury trial has been requested and the facts do not warrant summary judgment or judgment as a matter of law, this question must be decided by a jury. [read post]
22 Jan 2015, 11:15 am
After thinking about the matter a little bit during the first go-round, the Court called for the views of the Solicitor General, who recently recommended the Court deny cert. [read post]
16 Jan 2015, 12:31 pm
As Judge Sutton stated, Of all the ways to resolve this question, one option is not available: a poll of the three judges on this panel, or for that matter all federal judges, about whether gay marriage is a good idea. [read post]
15 Jan 2015, 12:17 pm
Cir. 2007) (en banc) cert denied 552 U.S. 1230(2008). [read post]
14 Jan 2015, 2:19 pm
Appx. 6 (2d Cir. 2012), cert. denied133 S.Ct. 2038 (2013). [read post]
13 Jan 2015, 3:57 am
This doctrine is fundamentally different if the matter is not a “specific” question or issue, but rather a matter of general applicability, such as a rule-making. [read post]
8 Jan 2015, 9:18 pm
I say “probably erroneous” because in my view at least one, if not both, would likely be reversed by the Supreme Court were it to grant cert. [read post]
7 Jan 2015, 9:10 am
But Congress also knew that the Supreme Court had not resolved this question. [read post]
7 Jan 2015, 7:08 am
Some states do have specific provisions as a matter of state law. [read post]
7 Jan 2015, 4:52 am
But pending is a cert petition filed this past autumn by Google in an infringement suit brought against the company by Oracle. [read post]
6 Jan 2015, 5:42 am
Supreme Court’s recent cert grant in Ohio v. [read post]
2 Jan 2015, 4:45 am
Those questions were decided a long time ago and have nothing to do with the literal copying of 7,000 lines of highly-creative code. [read post]
31 Dec 2014, 2:42 am
Here it is (this post continues below the document with some observations): 14-12-23 Google Reply Brief in Support of Cert Petition by Florian MuellerGoogle's brief states at the very start that Oracle couldn't "dispute the exceptional importance of the question presented" and goes on to emphasize, as the document also does toward the end, "the seven amicus briefs representing the views of more than two dozen industry leaders, 77 pioneering computer… [read post]
25 Dec 2014, 10:25 am
In English, plaintiff’s counsel asserted the privilege and objected to defense counsel’s deposition question whether plaintiff’s counsel had referred plaintiff to her treating physician. [read post]
19 Dec 2014, 6:00 am
Winback & Conserve Program, Inc., 42 F.3d 1421, 1435 (3d Cir. 1994), cert. denied, 514 U.S. 1103 (1995); Marion v. [read post]
