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9 Aug 2016, 7:50 am
Apotex Inc., - F.3d - (Fed. [read post]
9 Aug 2016, 7:42 am
Cyber Promotions, Inc., 962 F. [read post]
9 Aug 2016, 7:09 am
Noting that as an alternative ground, the employer argued that the employee had not properly exhausted her claims, an issue the district court expressly declined to decide, Judge Beam stated that failure to exhaust is an affirmative defense that must be proved by the defendant. [read post]
8 Aug 2016, 3:55 pm
Farano, 749 F.3d 658, 666 (7th Cir. 2014). [read post]
8 Aug 2016, 8:55 am
Perez, 816 F.23d 1080 (9th Cir. 2016), that upheld a DOL regulation that most courts have rejected. [read post]
8 Aug 2016, 8:55 am
Perez, 816 F.23d 1080 (9th Cir. 2016), that upheld a DOL regulation that most courts have rejected. [read post]
8 Aug 2016, 5:54 am
GSE Lining Tech., Inc., 383 F.3d 1303, 1311 (Fed. [read post]
8 Aug 2016, 5:54 am
GSE Lining Tech., Inc., 383 F.3d 1303, 1311 (Fed. [read post]
8 Aug 2016, 5:19 am
Apparently, the word “evidence” is to be added to the list of words no longer tethered to definitions. 61 Angela F. [read post]
7 Aug 2016, 10:02 pm
Monsanto Co., 400 F.3d 562, 569 (8th Cir. 2005). [read post]
7 Aug 2016, 9:15 pm
Title of next week’s blog post is: “How Does a Good Judge Turn Into a Bad Judge and What is the Best Way for Attorneys to Handle a Bad Judge” Alan F. [read post]
7 Aug 2016, 7:33 am
Springfield, 829 F.2d 860 (9th Cir. 1987). [read post]
5 Aug 2016, 1:05 pm
Matthews, 278 F.3d 880, 885 (9th Cir. 2002)(en banc). [read post]
5 Aug 2016, 11:36 am
Benally, — F.3d —, 2016 WL 4073316 (9th Cir. 2016): Involuntary manslaughter is not a “crime of violence” Depending on who you believe, defendant either coldly knelt down, aimed, and shot his neighbor through the heart, or recklessly shot him by accident while the two were playing a “drunken game” with a rifle. [read post]
5 Aug 2016, 5:40 am
Having a liability turn on whether a “reasonable person” regards the communication as a threat- regardless of what the defendant thinks-“reduces culpability on the all-important element of the crime to negligence,” Jeffries, 692 F.3d, at 484 (Sutton, J. [read post]
4 Aug 2016, 12:45 pm
A few weeks ago, a mom named Jessie Maher was breastfeeding her baby in the cafeteria of a Target store in Connecticut when a belligerent man approached and said she was “F*ing disgusting” and “nasty. [read post]
4 Aug 2016, 8:55 am
Sundance Sauna, Inc., 427 F. [read post]
3 Aug 2016, 12:33 pm
., ___ F.3d ___ (9th Cir. [read post]
3 Aug 2016, 12:18 pm
It reasoned that the instant circumstances were distinguishable from those cases, because those defendant agencies were sufficiently committed to a course of action that foreclosed alternatives or mitigation measures normally considered as part of the project approval process. [read post]
3 Aug 2016, 11:59 am
This post examines an opinion from the Court of Appeals of South Carolina: State v. [read post]
