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22 Jun 2022, 2:08 pm
Further, the trial court held that Owen’s letter constituted a solicitation as a matter of law. [read post]
22 Jun 2022, 12:04 pm
Even so, the brief continued, parties can choose to waive fundamental constitutional rights, and no other circuit has found a no-deny provision to be unconstitutional. [read post]
22 Jun 2022, 6:32 am
The trial court added a sentencing enhancement for use of the firearm in the carjacking, finding that the gun was used in that crime despite the defendant having been acquitted of that offense at trial. [read post]
22 Jun 2022, 3:00 am
In April, I blogged about a cert petition seeking SCOTUS review of the SEC’s use of “gag orders” in connection with the settlement of enforcement proceedings. [read post]
21 Jun 2022, 2:18 pm
It ruled that each failure to report an account constituted a violation of the Bank Secrecy Act. [read post]
21 Jun 2022, 1:00 pm
Press 1966, petition of Sept. 7, 1787) [read post]
21 Jun 2022, 4:48 am
However, in 2019 the Court of Appeals denied defendant’s petition for a second time, citing Rule 21 and a line of decisions indicating that defendant’s failure to provide notice of appeal barred granting his petition. [read post]
20 Jun 2022, 9:26 am
The Court has also determined that the Great Writ can only be used to enforce existing constitutional rights and that federal courts cannot hear claims through a habeas petition unless the inmate presented (and exhausted) those claims in state court. [read post]
19 Jun 2022, 7:39 am
“A petition filed under section 2-1401 may present either a factual or legal challenge to a final judgment or order. [read post]
19 Jun 2022, 5:19 am
The claimant intends to take the matter to the Federal Constitutional Court. [read post]
19 Jun 2022, 2:13 am
Rural Coalition’s petition made two attacks on the Interim Decision. [read post]
17 Jun 2022, 9:18 pm
” Therefore, Viking petitioned the United States Supreme Court to review the case, arguing that Iskanian is preempted by federal law under the Federal Arbitration Act (FAA) and the U.S. [read post]
17 Jun 2022, 2:24 pm
Carter 21-1509Issue: Whether the elections clause in Article I, Section 4 of the Constitution and 2 U.S.C. [read post]
17 Jun 2022, 6:00 am
Petition Asks SCOTUS to Clarify Takings Clause in Context of Copyright Infringement — “In their petition, the plaintiffs argue that the Fifth Circuit’s ruling affirming the Southern District of Texas’ dismissal of copyright claims over Texas A&M’s unauthorized reproduction of portions of Bynum’s manuscript on the nearly 100-year history of the famed ’12th Man’ tradition at Texas A&M erred in failing to find… [read post]
17 Jun 2022, 4:00 am
The possible end to federal abortion protections is spotlighting down-ballot races in the upcoming midterm elections, particularly for state Supreme Court judges who could soon be asked to decide whether their state constitution protects a person’s right to end a pregnancy. [read post]
16 Jun 2022, 9:05 pm
”[6] In 1975, the SEC considered petitions for further disclosure mandates on environmental matters. [read post]
16 Jun 2022, 12:46 pm
Alternatively, if this Court’s understanding is right, the California Legislature is free to modify the scope of statutory standing under PAGA within state and federal constitutional limits. [read post]
16 Jun 2022, 10:04 am
That brings us to Perez v. [read post]
16 Jun 2022, 6:13 am
[See Eastman 7-page memo sent to White House on Nov. 28, 2020, entitled, “The Constitutional Authority of State Legislatures to Choose Electors. [read post]
16 Jun 2022, 2:02 am
(our emphasis) In a nutshell, the US Supreme Court answered this question in the negative. [read post]
