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27 Mar 2023, 10:41 pm
Rather, the prosecutor exercised executive power: By contrast, "[e]very court and every party" has acknowledged that the court-appointed prosecutors in this case did not exercise judicial power. 38 F. 4th, at 306 (Menashi, J., dissenting). [read post]
27 Mar 2023, 12:45 pm
On February 27, 2023, the Second District Court of Appeal (Division One) filed its published decision in Los Angeles Waterkeeper v. [read post]
20 Mar 2023, 8:34 am
District Court for the Eastern District of Missouri, invoking Rev. [read post]
16 Mar 2023, 9:00 pm
Two such courts are the Southern District of Ohio in M.A. v. [read post]
16 Mar 2023, 2:26 pm
FEC, 263 F.3d 379,392-394 (4th Cir. 2001). [read post]
15 Mar 2023, 5:15 am
The district court ruled that 35 U.S.C. [read post]
6 Mar 2023, 11:50 am
County of San Diego (1994) 23 Cal.App.4th 1713, 1720.) [read post]
3 Mar 2023, 10:24 am
In a published opinion filed February 24, 2023, the First District Court of Appeal (Div. 5) reversed a judgment upholding the adequacy of the EIR for the University of California, Berkeley’s long range campus development plan (“LRDP”) and a controversial housing development project at the historic People’s Park. [read post]
28 Feb 2023, 3:31 pm
"The right of public access to documents or materials filed in a district court derives from two independent sources: the common law and the First Amendment. [read post]
28 Feb 2023, 11:55 am
”[18] The court’s inability to fathom what Oreskes might offer was not due to any judicial disability. [read post]
28 Feb 2023, 5:53 am
Fogarty (In re Fogarty), 39 F.4th 62 (2d Cir. 2022). [read post]
24 Feb 2023, 4:54 pm
Court of Appeals for the 4th Circuit reinstated it. [read post]
21 Feb 2023, 1:21 pm
In a published opinion filed February 6, 2023, the Fourth District Court of Appeal (Div. 3) affirmed a judgment setting aside an addendum to a 2010 program EIR (PEIR) and accompanying approvals for a 275,000-square foot office complex on a 4.95-acre parcel (the “Gemdale project” or “project”) within the 2,800-acre Irvine Business Complex (IBC). [read post]
20 Feb 2023, 8:48 am
On February 15, 2023, the Louisiana 4th Circuit Court of Appeal affirmed the trial court’s award of $2.75M each to the two surviving children of a deceased mesothelioma plaintiff and also affirmed the trial court’s award of judicial interest relating back to the date the original petition was filed. [read post]
13 Feb 2023, 9:59 am
[Guidance for judicial examination of legal history.] [read post]
10 Feb 2023, 6:31 am
Kapral, 45 F.4th 621 (2d Cir. 2022). [read post]
7 Feb 2023, 12:07 pm
” Petitioner appealed, and the First District, deciding the appeal on an accelerated schedule, upheld the trial court’s determination and affirmed the judgment. [read post]
7 Feb 2023, 12:00 pm
Feeling constrained by the skeletal nature of the APA’s rulemaking provision, 5 U.S.C. 553, and the now long-standing judicial doctrine that courts cannot supplement those provisions, the Third Circuit permitted HHS to do so. [read post]
6 Feb 2023, 7:45 pm
In Langer v Kiser, the bulk of the Court’s opinion is devoted to doing exactly what the Court is not supposed to do; that is, revising the opinion of the District Court instead of merely reversing a wrong judgment. [read post]
6 Feb 2023, 10:09 am
Jan. 10, 2023), the district court denied the government’s motion to dismiss the NAACP’s First Amendment challenge to a law that restricted automated access to public housing data. [read post]
