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11 Sep 2020, 11:18 am
Thus, it is little surprise that a majority of active judges concluded this was not the rare case worthy of en banc review.Yet to read the dissent from denial of rehearing en banc, one would think that we mounted a full-on federal takeover of the Nevada state courts. [read post]
20 Dec 2012, 12:12 pm
Judge McKeown owns a healthy amount of stock in just about every major publicly traded corporation. [read post]
16 Aug 2016, 10:46 am
The Ninth Circuit decides this morning that (1) individuals are entitled to a hearing if they're indicted and claim that their conduct was permitted by state law, but (2) they better be able to prove that they fully complied with state law; otherwise, they're not going to get any relief.Judge O'Scannlain, who authors the majority opinion, ends his discussion with a practical -- as well as linguistic -- observation. [read post]
23 Sep 2021, 12:13 pm
Weisberg's firm website proclaims: "Prior to cofounding Weisberg & Miller, William Weisberg worked as a senior associate attorney at a major insurance defense law firm in San Francisco. . . . [read post]
4 Nov 2013, 11:28 am
., a majority of the judges in dissent were appointed by Democratic presidents. [read post]
16 Sep 2024, 11:56 am
After all, a majority of the judges, by definition, didn't want the case taken en banc. [read post]
21 Aug 2014, 12:06 pm
Profoundly disturbing.I'll skip over the overwhelming majority of the stuff. [read post]
31 May 2017, 12:20 pm
By a single vote, the en banc panel holds unconstitutional the Southern District of California's routine practice of shackling every single defendant who appears in court for pretrial proceedings.Judge Kozinski's majority opinion is, in my view, masterful. [read post]
10 Nov 2020, 2:09 pm
(I know that CRC 8.1105(b) says that the "majority of the court" gets to decide whether or not to publish, but I had always thought it was the author who signed the publication order, rather than the P.J. [read post]
22 May 2013, 4:58 am
Do everyone -- everyone -- that favor.But the majority of Justice Kane's opinion actually concerns a different issue. [read post]
15 Sep 2023, 12:39 pm
So if the Ninth Circuit wanted to take this opinion en banc, I'm sure it could easily dispense with the particular issue here by saying that regardless of whether the majority or dissenting opinion here is correct, the proper rule is Y, so the issue of what a panel is allowed to do is moot.But it nonetheless remains an important procedural issue. [read post]
26 Jul 2016, 9:44 am
Super important.The majority opinion holds, reluctantly, that blanket papering is permitted by controlling California Supreme Court precedent. [read post]
30 Oct 2020, 2:16 pm
The majority may well have considered these open-and-shut cases under Smith. [read post]
9 Feb 2016, 11:31 am
The majority found that Abney satisfied the rigorous standards of Strickland v. [read post]
6 Sep 2006, 9:31 am
Though perhaps not as evocative as the first line from Franz Kafka's classic about Gregor Samsa, the title of this post comes from my favorite sentence in the Seventh Circuit's reasonableness ruling today in US v. [read post]
23 Nov 2021, 11:22 am
State v. [read post]
19 Jun 2022, 1:13 pm
The judge applied R(McIntyre) v Gentoo Group Ltd [2010] EWHC 5, where an assured tenant judicially reviewed the Housing Association landlord’s refusal to give consent to exchange homes with another tenant. [read post]
15 Jan 2025, 9:23 am
The post Comments on the Free Speech Coalition v. [read post]
26 Jul 2018, 10:47 am
In the face of the Republican majority’s plan to hold hearings and a vote on Kavanaugh, Schumer had two strategic options. [read post]
8 Jul 2018, 10:25 am
Instead, abortion would once again be a question for the states, the vast majority of which would guarantee some degree of access to abortion. [read post]
