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24 Jun 2024, 10:30 pm by Vasiliki Apatzidou
It also allows states to take into account significant differences between first-instance decisions and final decisions (appeals). [read post]
24 Jun 2024, 9:01 pm by Austin Sarat
But now, Maricopa County Attorney Rachel Mitchell has added a new and troubling wrinkle.She is defying law and logic to claim authority that she does not have as she seeks to secure a death warrant for Gunches. [read post]
24 Jun 2024, 2:42 pm by James Hurt
Issues The primary issues on appeal were: Whether the Asserted Patents claimed an abstract idea? [read post]
24 Jun 2024, 10:00 am by Guest Blogger
”  These findings suggest that dialing down the level of generality and engaging in historical particularism does not constrain the expression of value. [read post]
 But, anecdotal evidence indicates that plaintiffs’ lawyers often recognize that, without a protective order, the defendant is apt to be less forthcoming—and, in the scheme of things, the plaintiff cares more about getting her hands on the documents and driving forward the litigation than she does about having the right to disclose. [read post]
24 Jun 2024, 7:37 am by DeFrancisco & Falgiatano
If a jury rules against a plaintiff, the plaintiff can appeal if they believe that the jury’s verdict does not comport with the evidence. [read post]
24 Jun 2024, 7:29 am by Amy Howe
A federal appeals court in Washington, D.C., agreed that these allegations were enough unless the Hungarian government can show otherwise, while a federal appeals court in New York ruled that the plaintiffs needed to show a connection between the funds from the expropriated property and the commercial activity in the United States. [read post]
24 Jun 2024, 5:35 am by Will Newman
The appeals court affirmed, citing the principle that liability does not extend to members solely by virtue of their membership in a limited liability company. [read post]
24 Jun 2024, 5:07 am by Daniel Spiegel
Though the CI was a direct participant in the crime alleged and was present on scene, the Court of Appeals upheld the trial court’s decision allowing the State to withhold the CI’s identity. [read post]
24 Jun 2024, 4:51 am by Kevin LaCroix
The appellate court said that “While a demand futility statement may imply that a board abdicated its corporate duties, it does not, without more, transform the nature of the Underlying Action or the claim itself, and therefore does not impact our consideration. [read post]
23 Jun 2024, 9:19 pm by Chukwuma Okoli
(v) that the judgment does not involve the enforcement of a penal or revenue law of the foreign state? [read post]
23 Jun 2024, 9:00 pm by Austin Sarat
Parties have a bad reputation…and there’s something appealing about the idea of thinking independently rather than blindly supporting a party. [read post]
23 Jun 2024, 7:36 pm by Sabrina I. Pacifici
” Under the South Carolina law, a library book is not considered obscene if it includes descriptions of “sexual conduct” if it has “serious literary, artistic, political, or scientific value” or if the book, taken as a whole, does not appeal to a “prurient interest in sex. [read post]
23 Jun 2024, 4:59 pm by Sandy T. Fox
The wife appealed, arguing that she was denied proper notice before the entry of default against her. [read post]
23 Jun 2024, 4:31 pm by Benson Varghese
Court of Appeals for the Fifth Circuit later reversed this decision, citing the Supreme Court’s ruling in Bruen. [read post]
23 Jun 2024, 4:31 pm by Benson Varghese
Court of Appeals for the Fifth Circuit later reversed this decision, citing the Supreme Court’s ruling in Bruen. [read post]
23 Jun 2024, 4:31 pm by Benson Varghese
Court of Appeals for the Fifth Circuit later reversed this decision, citing the Supreme Court’s ruling in Bruen. [read post]