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10 Mar 2014, 5:20 pm by Unknown
Today, the 5th Circuit clarified a procedural hurdle to that tactic in a small category of  cases.In Taylor v. [read post]
10 Mar 2014, 5:20 pm by Michael Fox
Today, the 5th Circuit clarified a procedural hurdle to that tactic in a small category of  cases.In Taylor v. [read post]
10 Sep 2014, 9:30 pm by Ann R. Klee
It should no longer be sufficient for agency decision makers to assume that the only hurdle they have to meet is simply not being “clearly wrong. [read post]
27 Jun 2013, 8:03 am by Gregory Forman
To the surprise of no one who has been paying attention, the June 26, 2013 United States Supreme Court opinions in the cases of United States v. [read post]
22 Apr 2011, 12:50 pm by Jonathan H. Adler
It’s nothing like an instance in which one State is complaining that another State has dumped sewage into a body of water that’s crossed the border.Justice Kagan is correct that, in Mass v. [read post]
29 Mar 2017, 4:18 am by Jim Singer
A recent Federal Circuit decision illustrates the high eligibility hurdles that fintech software patents continue to face in view of the Supreme Court’s 2014 Alice v CLS Bank decision. [read post]
16 Dec 2020, 1:46 am by Matrix Legal Support Service
In S v Secretary of State for the Home Department (Case C-304/14) (“CS”), it held that “in exceptional circumstances a member state may adopt an expulsion measure…”. [read post]
16 Nov 2017, 4:25 am by Andrew Lavoott Bluestone
In Judiciary Law § 487 cases, the First Department has additional hurdles to clear not present in other Departments. [read post]
22 Jan 2021, 6:49 am by Daphne Keller
How sloppy can the state mandate be before its speech-suppression consequences are so clear that courts should step in and, like the court in CDT v. [read post]
22 Jan 2021, 6:50 am by Daphne Keller
How sloppy can the state mandate be before its speech-suppression consequences are so clear that courts should step in and, like the court in CDT v. [read post]
14 Mar 2015, 1:04 pm
In order to overcome these hurdles and secure admission into evidence, plaintiffs may need to seek a qualified exception. [read post]
9 Oct 2019, 7:21 am by Mathew Purchase, Matrix Chambers
The courts are also disinclined to decide Article 14 cases on the basis that the comparators are not in an analogous situation other than in very obvious cases: see R (Carson) v Secretary of State for Work and Pensions [2005] UKHL 37. [read post]
3 Dec 2019, 7:43 am by Thaddeus Mason Pope, JD, PhD
One hurdle for the plaintiff is that constitutional claims do not apply to private hospitals that are not state actors. [read post]
16 Nov 2022, 8:32 pm by Florian Mueller
But above all, it's a chance for three dozen U.S. states, Epic Games, Match Group, and the consumer class-action plaintiffs to argue that an adverse inference is warranted (or, as a fallback position, a curative instruction).If not for the Epic Games v. [read post]
26 Jun 2019, 3:59 pm by Dave Maass
Related Cases: Automated License Plate Readers- ACLU of Southern California & EFF v. [read post]
10 Jul 2017, 2:46 am by ASAD KHAN
Comment The outcome of these appeals is clearly driven by Lord Wilson’s opinion that anyone resisting deportation faces “a formidable hurdle” and “needs to be in a position to assemble and present powerful evidence. [read post]