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The trial court and the California Court of Appeal held that the waiver of PAGA claims was unenforceable, thus allowing PAGA claims to proceed in court. [read post]
30 Mar 2022, 11:23 am by Sam Callahan and Allon Kedem
The Safety Appliance Act, Roberts noted, regulates all railcars, not just locomotives. [read post]
28 Mar 2022, 3:44 am by Peter Mahler
Last week, in two separate appeals, Appellate Division panels in the First and Second Departments handed down significant decisions upholding a co-op owner’s common-law right to an unredacted copy of the shareholder list for the purpose of campaigning for a board seat, and affirming a lower court’s post-trial order banning the condominium sponsor and members of her family from holding more than two of six seats on the board of managers for the next six board elections. [read post]
27 Mar 2022, 9:01 pm by Austin Sarat
As Roberts noted in his opinion, “there is a rich history of clerical prayer at the time of a prisoner’s execution, dating back well before the founding of our Nation. [read post]
26 Mar 2022, 3:38 pm by Josh Blackman
Chief Justice Roberts wrote the majority opinion, and Justice Thomas wrote a solo dissent. [read post]
25 Mar 2022, 3:52 pm
He served as a Law Clerk for the Honorable Robert F. [read post]
25 Mar 2022, 4:23 am by jonathanturley
In the end, none of Ramirez’s federal habeas claims merited even a single certificate of appealability, let alone relief. [read post]
24 Mar 2022, 4:39 pm by Dennis Crouch
In Arthrex, a case arising out of the Patent Trial and Appeal Board’s invalidation of Arthrex’s patent claims, the Court’s majority found a constitutional violation in the statute’s allocation of inter partes review authority to the administrative patent judges (for the most part not-Senate-confirmed) who serve on PTAB, reasoning in part that, to assure political accountability, a Senate-confirmed principal officer must have final decision authority. [read post]
24 Mar 2022, 12:24 pm by Amy Howe
On Sept. 8, the justices postponed the execution, fast-tracked the appeal, and moved the case from the emergency docket to the court’s regular merits docket for full briefing and oral argument. [read post]
In contrast, Chief Justice Roberts seemed more receptive to ZF’s points.A decision is projected to be released by early to mid-summer. [read post]
24 Mar 2022, 9:28 am by Eugene Volokh
Courts of Appeal, six district courts, and four state supreme courts. [read post]
23 Mar 2022, 9:00 pm by Neil H. Buchanan
The answer is always that these various labels are merely a way to make personal grievance sound like a high-minded appeal to Free Speech.Nothing has changed in the months since I wrote that column, but even so, the mythology of cancel culture has moved from novel rebranding to conventional wisdom among the media elite on both sides of the political divide. [read post]
23 Mar 2022, 11:42 am by Tom Kosakowski
Chief Justice John Roberts has lead reforms efforts to address complaints about how allegations of misconduct in the courts have been mishandled for years.Attached to the judges' statement is a report published November 2021 in the Northwestern University Law Review that provides more information about the Ombuds-like program now in place:2. [read post]