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21 Aug 2024, 1:42 pm by Mark Hipple and Robert McAvoy
The judge held that the FTC exceeded its statutory authority in making the Rule, and that the Rule violated the Administrative Procedures Act because it was arbitrary and capricious. [read post]
21 Aug 2024, 12:52 pm by Tobin Admin
The Court of Appeals Decision Judge Elizabeth Gobeil wrote that the trial judge in passing on motions for mistrial has a broad discretion, dependent on the circumstances of each case that won’t be disturbed unless manifestly abused. [read post]
21 Aug 2024, 12:48 pm by Dennis Crouch
by Dennis Crouch In a recent order, the Federal Circuit denied Apple’s petition for a writ of mandamus seeking yet again to transfer a patent infringement case from the Western District of Texas (Judge Albright) to the Northern District of California. [read post]
21 Aug 2024, 12:24 pm by Press Release
Her time as a law clerk has provided her with unparalleled insights into the judicial process, particularly at the trial and appellate levels. [read post]
21 Aug 2024, 11:50 am by admin
But, on August 20, 2024, a federal judge from the Northern District of Texas set aside the Rule and barred the FTC from enforcing it. [read post]
21 Aug 2024, 11:40 am by lennyesq
“Our task is to rigorously analyze the constitutional text and history to determine if New York’s Early Mail Voter Act is unconstitutional,” Chief Judge Rowan Wilson wrote for the majority in the 6-to-1 opinion. [read post]
21 Aug 2024, 11:34 am by lennyesq
“When the government seizes property incident to a lawful arrest, the Fourth Amendment requires that any continued possession of the property must be reasonable,” wrote Judge Gregory Katsas of the U.S. [read post]
According to HRW, between August 9 and 12, at least seven magistrates, including four prosecutors, two deputy prosecutors, and an investigative judge, were notified of their forced conscription for military operations in the volatile Sanmatenga province from August 14 to November 13. [read post]
21 Aug 2024, 11:15 am by Daniel R. Levy, Carolyn O. Boucek
Judge Brown set the tone for her decision by quoting the Supreme Court’s recent opinion in Loper Bright Enters. v. [read post]
21 Aug 2024, 10:51 am by Eric Goldman
This is true, but because fair use is an equitable defense, I could imagine other judges being more concerned about the false pretenses issue. [read post]
21 Aug 2024, 10:43 am by David Frakt
  UPDATE: The Circuit Court Judge assigned the Complaint for Declaratory Judgment, the Hon David C. [read post]
21 Aug 2024, 10:31 am by Phil Dixon
Trial judges have been inconsistent in accepting the memo as authentic or competent evidence and have different opinions about its weight. [read post]
21 Aug 2024, 10:21 am by Lisa Lombardo and Julia E. Browning
However, the court allowed the plaintiff’s fraudulent misrepresentation and unjust enrichment claims to proceed insofar as they challenged the very validity of the subcontract, as the Magistrate Judge held previously in granting the plaintiff leave to file the amended complaint. [read post]
21 Aug 2024, 10:21 am by Lisa Lombardo and Julia E. Browning
However, the court allowed the plaintiff’s fraudulent misrepresentation and unjust enrichment claims to proceed insofar as they challenged the very validity of the subcontract, as the Magistrate Judge held previously in granting the plaintiff leave to file the amended complaint. [read post]
21 Aug 2024, 10:21 am by Lisa Lombardo and Julia E. Browning
However, the court allowed the plaintiff’s fraudulent misrepresentation and unjust enrichment claims to proceed insofar as they challenged the very validity of the subcontract, as the Magistrate Judge held previously in granting the plaintiff leave to file the amended complaint. [read post]
21 Aug 2024, 10:20 am by Dennis Crouch
., the Federal Circuit has reversed Judge Albright’s holding that claims of Neonode’s US8095879 are invalid as indefinite. [read post]
21 Aug 2024, 10:19 am by kblocher@hslf.org
In this case, the individual kept the chimps—who were used for birthday parties, movies and even photographed for greeting cards—locked in cramped cages as they became too large to handle, and that’s where they were found when rescuers arrived to transfer them, after a judge’s ruling allowed their transfer to an accredited sanctuary, where they could be properly taken care of by professional caregivers. [read post]
If approved by a federal judge in the Central District of California, the company would pay a $1 million penalty and its CEO, Daniel A. [read post]
21 Aug 2024, 9:48 am by Daniel Deacon
If following all the procedures prescribed by law for deciding a case fails to lead the judge to an outcome, then it is hard to see why the judge violates her legal duties if she settles the dispute by flipping a coin. [read post]
21 Aug 2024, 9:46 am by Legal Profession Prof
The Indiana Supreme Court has required the recusal of a judge from presiding over post-conviction proceedings based on her mandatory recusal from a like matter. [read post]