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1 Mar 2019, 4:00 am
Does character matter? [read post]
27 Feb 2019, 7:55 am
The district court struck down Miller’s argument that Mueller’s appointment violated the Constitution’s Appointments Clause because: (1) the Special Counsel is a principal officer who was not appointed by the President with the advice and consent of the Senate; (2) Congress did not “by law” authorize the Special Counsel’s appointment; and (3) the Special Counsel was not appointed by a “Head of Department” because the Attorney General’s… [read post]
26 Feb 2019, 2:14 pm
The opinion is surprisingly short, given how long it took the panel of Judges Srinivasan, Judith Rogers and Karen LeCraft Henderson to rule on the matter. [read post]
26 Feb 2019, 12:58 pm
On February 19, 2019, the Supreme Court of Ohio heard oral argument in Paul Cheatham IRA v. [read post]
26 Feb 2019, 10:24 am
(As background, a grant of rehearing serves to vacate the original opinion and sets the matter at large in the Court of Appeal; as full disclosure, I represented PG&E in this matter.) [read post]
26 Feb 2019, 5:12 am
(“It matters not whether the action is brought in tort or contract, if the resultant damages are injury to property of the type set forth in R.C. 2305.131, the statute applies. [read post]
24 Feb 2019, 9:01 pm
The shockwaves of the British public’s narrow 2016 vote to leave the European Union continue to roil the United Kingdom, with fraught negotiations seeming to go nowhere in advance of the hard deadline in late March for the country to make its exit. [read post]
24 Feb 2019, 2:13 pm
In August 2018, the plaintiffs moved for summary judgment, asking Judge Miller to find in their favor as a matter of law. [read post]
24 Feb 2019, 4:22 am
At a time when there is no draft, however, this is largely a matter of virtue signaling. [read post]
23 Feb 2019, 8:46 am
Miller, Federal Practiceand Procedure § 1366 (3d ed. 2018) (“Once the district courtdecides to accept matters outside of the pleadings, the presence of the word ‘must’ [in Rule 12(d)] indicates that thejudge must convert the motion to dismiss into one for summary judgment . . . . [read post]
21 Feb 2019, 9:01 pm
” This assertion is simply wrong as a matter of current Supreme Court case law. [read post]
21 Feb 2019, 8:45 am
Miller, 624 F.2d1198, 1200 (3d Cir. 1980). [read post]
20 Feb 2019, 2:45 pm
However, this is not to say that federal courts never find standing over condemnation matters. [read post]
20 Feb 2019, 2:44 pm
INTRODUCTION On September 28, 2004, the United States Supreme Court granted a property owner’s application for leave from a Connecticut Supreme Court decision upholding the constitutionality of the community’s taking of property with the specified purpose of creating jobs by selling the property to a private industrial user.1 As the petitioner land owners in Kelo express in their brief requesting leave, the critical question for the Court to determine is whether a taking for purely… [read post]
20 Feb 2019, 3:00 am
Sources: In the Matter of Katz, Sapper & Miller, LLP, and Scott C. [read post]
19 Feb 2019, 9:01 pm
In our democracy, more speech is to be favored over less speech (especially as to controversial matters of public policy), and the proper answer to unwise or hurtful speech is better, counter speech, not silencing (or allowing someone else to silence) the original speaker.As against these concerns of government manipulation/distortion and conferral of a Heckler’s veto, of course, the important government objectives of fiscal integrity and the avoidance of violence must be weighed.The… [read post]
19 Feb 2019, 3:42 pm
Coon of Miller Starr Regalia. [read post]
19 Feb 2019, 3:15 pm
Jordan and Aaron David Miller. [read post]
12 Feb 2019, 10:30 am
In a partially published opinion filed January 30, 2019, the First District Court of Appeal (Div. 1) affirmed a judgment denying a writ petition challenging the City of Berkeley’s approval of use permits for three single-family homes on three contiguous hillside parcels. [read post]
12 Feb 2019, 8:40 am
The law treats the transfer of a security as a separate matter from the transfer of an accrued cause of action relating to that security. [read post]
