Search for: "Montana State Supreme Court"
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20 Dec 2011, 10:45 am
More troublesome, though, is an Oregon Supreme Court opinion from the '80s, in which "media" was singled out for enhanced protection under the constitution in defamation cases. [read post]
6 Jan 2015, 12:05 pm
Montana’s Supreme Court issued a few troubling opinions expressing an infatuation with the Adoptive Couple v. [read post]
4 Mar 2010, 12:01 am
Nearly a third of all state supreme court justices are women and in 22 out of 53 supreme courts, women make up at least 40% of the bench. [read post]
4 Aug 2020, 10:43 am
Court of Appeals for the 3rd Circuit sided with Philadelphia, and the Supreme Court granted cert. [read post]
11 Sep 2007, 11:59 am
In doing so, the Nevada Supreme Court erred by conceiving of the Kazalyn instruction issue as purely a matter of state law. [read post]
22 Jun 2017, 1:30 am
Assisting suicide is now legal in California, Oregon, Washington, Vermont, and, via the courts in Montana. [read post]
15 Mar 2015, 2:22 am
Although a hearing officer with the state labor department issued findings favoring the employer and the district court affirmed, the state supreme court reversed in part, sending portions of the case back to the lower courts for further consideration. [read post]
22 Oct 2021, 2:29 pm
In his petition, Struve argues that the Iowa Supreme Court adopted a minority, and incorrect, position among states with similar laws. [read post]
30 Jan 2012, 11:58 am
(Lyle covered the Montana court’s opinion for this blog). [read post]
26 Oct 2015, 3:48 am
This ended up leading to a great deal of litigation to determine how expansive the definition of WOTUS was, with the United States Supreme Court in Rapanos v. [read post]
8 Jul 2015, 11:17 am
Rainbows abounded on the morning of Friday, June 26, 2015, when the United States Supreme Court held 5-4 that same-sex couples have a constitutional right to marry and a right to have their legal marriages recognized in every state. [read post]
30 Jan 2013, 1:47 pm
That's six states (two by their supreme courts) where, if we can't kill purported parallel FDCA-based claims on the front end with implied preemption under Buckman, we can try killing them on the back end as simply not stating a cause of action under existing state law (and if we're in federal court, we can add the Erie point about not reaching for novel, expansive state-law liability) - all by relying on state-specific… [read post]
1 Apr 2019, 7:12 pm
Each case, he wrote, stood for "the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites. [read post]
29 Sep 2009, 4:40 am
The Supreme Court cautioned state courts that they must make sure that the “jury will ask the right question, not the wrong one. [read post]
27 Jun 2016, 1:52 pm
Carhart, the Supreme Court’s 2007 decision that upheld the federal Partial Birth Abortion Ban Act. [read post]
17 May 2021, 1:12 pm
The holding is important–repeated and specific threats of litigation by an out-of-state patentee can be sufficient to establish personal jurisdiction for a declaratory judgment action.[2] The decision relies upon the an expanded notion of purposeful availment from the Supreme Court’s 2021 decision in Ford,[3] but should also be seen as further limiting the holding of Red Wing Shoe.[4] In the U.S., personal jurisdiction is handled on a… [read post]
30 Mar 2016, 11:34 am
United States and United States Army Corps of Engineers v. [read post]
13 Sep 2019, 6:31 am
Ginsburg pivoted to note that women are still underrepresented among Supreme Court advocates. [read post]
1 Aug 2010, 6:36 pm
Supreme Court decision, the court discussed the test for issuance of a preliminary injunction in cases involving environmental harms, and adhered to the traditional test. [read post]
28 Nov 2022, 11:21 am
Wilkins presents a typical linear argument that the lower court’s analysis of the Quiet Title Act cannot be reconciled with the Supreme Court’s recent decisions distinguishing between jurisdictional bars and claims-processing rules. [read post]
