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8 Jun 2014, 9:38 pm
[H]e states that while the unambiguous language of § 141 does not explicitly provide for such delegation, the section does not explicitly bar it either [read post]
15 Apr 2014, 3:59 am by David Lynn
Does yesterday's decision mean "pencils down" for those preparing their first Form SD? [read post]
2 Jan 2012, 8:46 am by Brian Shiffrin
In People v Anderson ( 2011 NY Slip Op 09364 [4th Dept 12/23/11]), after holding the that there was a valid waiver of appeal, the Appellate Division, Fourth Department held thatWe agree with defendant, however, that the waiver does not encompass his further contention concerning the denial of his request for youthful offender status. [read post]
15 Jun 2015, 8:59 am by Steve Vladeck
” And so, although the Court “express[ed] no opinion as to whether or when the [relevant statute] allows the Board to equitably toll the 90-day period to file a motion to reopen,” it made clear that the court of appeals has jurisdiction to answer that question no matter how it ultimately does so. [read post]
16 Aug 2022, 12:14 pm by Howard Bashman
Appeals Court Says Commerce in Arms Act Does Not Bar State Tort Claims; Five of nine Superior Court judges supported the Aug. 12 order reversing a trial court’s decision to sustain the defendants’ preliminary objections” appeared first on How Appealing. [read post]
29 Aug 2024, 10:03 am
Because so much of appellate decision-making turns on the briefs, when does oral argument really matter? [read post]
23 Mar 2012, 1:32 pm by Gary Goodin
A foreign national who does not understand what the USCIS wants may send irrelevant evidence or insufficient evidence to prove eligibility. [read post]
14 Feb 2012, 12:11 pm by Medicare Set Aside Services
That certainly does not make for an easy target when CMS has to prove the carriers’ legal obligation to make payment in the underlying state law claim. [read post]
This ruling is the latest in an attempt to block the subpoena after the Supreme Court ruled this summer that the president does not have broad immunity when it comes to state grand jury subpoenas. [read post]
3 Jun 2020, 7:16 am by Ashely Monti
However, the court found the CAA does not preempt the counties from imposing penalties for post-sale tampering. [read post]
26 Jul 2022, 6:16 am by Robinson Law, PLLC
Under settled law, if an individual that lives in the home to be searched consents to the search in question, that search is valid and does not require a warrant at all. [read post]
3 Aug 2012, 4:00 am
  A notice of petition that fails to include the language required by the Commissioner’s regulation is fatally defective and does not secure jurisdiction over the intended respondents. [read post]
23 Jul 2010, 6:44 am by Second Circuit Civil Rights Blog
That's because Section 1983 does not solve all of our problems.The case is Torraco v. [read post]
6 Aug 2014, 11:33 am by Scott Grabel
While it is rare that an appeals court overturns a conviction, it does happen on occasion when a compelling argument warrants it. [read post]