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20 Dec 2017, 6:21 pm by Amy Howe
Court of Appeals for the 5th Circuit applied too harsh a standard — requiring that the error be one “that would shock the conscience of the common man, serve as a powerful indictment against our system of justice, or seriously call into question the competence or integrity of the district judge” – in determining whether to correct a plain error by the district court. [read post]
20 Dec 2017, 11:40 am by Gritsforbreakfast
Amanda Marzullo: I'm looking forward to discussing Ex Parte Pena, which is one of the most divisive decisions we've seen from the Court of Criminal Appeals in a while.First up, Scott's holiday poem was a reference to US v. [read post]
20 Dec 2017, 9:22 am by David Oxenford
Yesterday, the US Court of Appeals for the Second Circuit in a “Summary Order” that the Court said does “not have precedential effect,” upheld an even briefer decision of the US District Court Judge who oversees the BMI antitrust consent decree, determining that the Department of Justice was wrong in its interpretation of the consent decree requiring that all songs licensed by BMI represent 100% of the musical work. [read post]
20 Dec 2017, 8:47 am by Dennis Crouch
 On appeal, the Federal Circuit has affirmed, although only after rejecting the lower court’s misapplication of obviousness law. [read post]
20 Dec 2017, 7:49 am by Hanlon Law, PA
As the state’s Second District Court of Appeals recently explained, that means in auto theft cases that prosecutors have to show that the car in which the person charged was caught is the car that was stolen. [read post]
19 Dec 2017, 3:43 pm
Frances Rothschild, Presiding Justice, Division One, California Second District Court of Appeal ·        Hon. [read post]
19 Dec 2017, 12:18 pm
Wells is right that the evidence against him was insufficient, he shouldn't have to undergo a second trial. [read post]
19 Dec 2017, 11:53 am by Hanlon Law, PA
” As a result, the Second District reversed the conviction and sent the case back to the trial court for additional proceedings. [read post]
19 Dec 2017, 11:17 am by Catherine Fisk
Court of Appeals for the 1st Circuit rejected a First Amendment speech and freedom-of-association challenge to the exclusive-representation provision of Massachusetts law. [read post]
18 Dec 2017, 1:50 pm by Ryan Duffy
After the district court initially denied the plaintiffs’ motion for summary judgment on the issue of whether the interns were employees (previously covered here), the Second Circuit heard the plaintiffs’ appeal in 2015 in tandem with another case involving unpaid interns, Glatt v. [read post]
18 Dec 2017, 1:40 pm
Supreme Court's dining traditions, and throws in some recipes to boot. [read post]
18 Dec 2017, 11:15 am by Marty Lederman
Court of Appeals, Judge Kavanaugh understood the government to have “expressly assumed, . . . presumably based on its reading of Supreme Court precedent, that the Government lacks authority to block Jane Doe from obtaining an abortion. [read post]
18 Dec 2017, 4:00 am by Catherine Padhi
CareFirst, have petitioned the Supreme Court to review the appeals court’s finding of standing. [read post]
17 Dec 2017, 3:28 pm by Wolfgang Demino
 under the Community Reinvestment Act A second subsidiary was also gobbled up along the way: a Bank of America subsidiary that actually went by that name, with (USA) in its name, located a bit further down South, in the dessert: Arizona. [read post]
17 Dec 2017, 4:59 am
The District Court dismissed the case because Fallon's beliefs were not religious in nature. [read post]
15 Dec 2017, 1:12 pm by Marketing
District Court for the Southern District of California (Case No. 14CV1865 AJB JMA) alleging trademark infringement and false designation of origin. [read post]