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17 Aug 2022, 4:37 pm by Scott Bomboy
” The Supreme Court upheld the men’s convictions, but Justice Stanley F. [read post]
17 Aug 2022, 12:40 pm by Eugene Volokh
… And the court concluded that church autonomy claims aren't the unusual sorts of defenses that (like qualified immunity) give defendants a categorical immunity from even having to face the costs of continued litigation: The church autonomy doctrine provides religious associations neither an immunity from discovery nor an immunity from trial on secular matters. [read post]
16 Aug 2022, 2:51 pm by Eugene Volokh
[We conclude that t]he statements at issue do not on their face contain demonstrably false statements of fact, nor do they imply defamatory and provably false facts. [read post]
16 Aug 2022, 6:38 am by Albert W. Alschuler
In 2020, when White House officials maintained that some Black Lives Matter protests constituted an insurrection and proposed using the military to suppress them, the Chairman of the Joint Chiefs of Staff, General Mark Milley, pointed to a picture of Abraham Lincoln. [read post]
16 Aug 2022, 6:24 am by Richard Hunt
Marriott Hotel Services, Inc., 40 F.4th 1043 (9th Cir. 2022) the Ninth Circuit agreed with what I think is the unanimous opinion that if a website meets DOJ requirements then it satisfies the ADA.(7) It didn’t take long for lower courts to agree and dismiss cases. [read post]
15 Aug 2022, 8:21 am by jonathanturley
It also doesn’t matter that a charge under the act does not mean there is actual espionage or foreign intelligence involved in the case. [read post]
14 Aug 2022, 8:16 pm by Dennis Crouch
Cir. 2006) (“[T]he deliberate surrender of a claim to certain subject matter during the original prosecution of the application for a patent made in an effort to overcome a prior art rejection is not such ‘error’ as will allow the patentee to recapture that subject matter in a reissue. [read post]
13 Aug 2022, 5:51 pm by assoulineberlowe
Summary judgment is proper where “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. [read post]
12 Aug 2022, 3:18 pm by Eugene Volokh
Indeed, the City's initial response to Trotter's district court motion to dismiss even admitted that "[i]f a person has a home and a nice metal building out back and they host parties every weekend with music and food, they must have a license. [read post]
12 Aug 2022, 11:29 am by Eugene Volokh
[But f]or the avoidance of doubt, the Court will expand on its analysis under the applicable standard. [read post]
12 Aug 2022, 4:24 am by Ashley Morgan
Amniotic Fluid / Amniotic Membrane Tissue Audits, Investigations and Prosecutions are Continuing to Climb in 2022 (August 4, 2022): Over the past year, we have seen a significant increase in the number of Medicare administrative audits, False Claims Act investigations and criminal prosecutions by the Department of Justice (DOJ), related to the billing of allogeneic (harvested from someone else) stem cell products. [read post]
11 Aug 2022, 10:04 am by Sarah Woolston
Federal Motor Carrier Safety Administration (9th Cir. 2021) 986 F.3d 841, 846). [read post]
11 Aug 2022, 5:15 am by David Oscar Markus
  From the opinion (h/t Sentencing Law & Policy):The district court had strong views about what charges fit Tiffany Bernard’s crimes. [read post]