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18 Feb 2022, 4:30 am
Smith), we will need to distinguish between sincere religious and other beliefs. [read post]
28 Mar 2018, 4:03 pm
”Smith, 871 F.3d at 1382 (quoting Microsoft, 789F.3d at 1298). [read post]
5 Aug 2015, 1:00 pm
.)) --- The panel reversed the dismissal of a Montana state prisoner's § 2254 habeas petition as untimely, holding that time while the Montana Supreme Court's Sentence Review Division held an application for review in abeyance (allowing the petitioner to seek other judicial relief from his conviction or sentence) qualified for statutory tolling under 28 U.S.C. [read post]
17 Jun 2013, 10:41 pm
As Justice Smith put it during oral argument before the appellate court, “how can you disgorge something that you haven’t ‘gorged’? [read post]
19 May 2014, 6:09 am
Category: Civil Procedure By: Eric Paul Smith, Contributor TitleIn re Toyota Motor Corp., No. 2014-113 (Fed. [read post]
4 Nov 2017, 4:13 am
Baker’s habeas petition at the D.C. district court. [read post]
9 Sep 2017, 4:35 am
Kahn posted the Justice Department’s brief opposing the cert petition in Bahlul v. [read post]
20 Apr 2014, 12:14 pm
MIKE SMITH, JOHN DOES 1-100, JANE DOES 1-100, XYZ COMPANY, Defendants. [read post]
27 Nov 2012, 12:25 pm
In Smith v. [read post]
8 May 2014, 4:00 am
Supreme Court denied the petitions but the Appellate Division reversed in each case. [read post]
19 Jan 2015, 1:53 pm
This is a guest post prepared by Rachel Weil of Reed Smith, who has graced us with guest posts before and, we hope, will do so again. [read post]
24 Apr 2017, 10:02 pm
"I suppose he may have said that at one time or another, but the actual quote is from a concurring opinion in Smith v. [read post]
22 Dec 2012, 9:57 am
Smith. [read post]
2 Nov 2017, 8:32 am
Bruce Ackerman summarized oral arguments in Smith v. [read post]
10 Nov 2022, 1:59 pm
Lanum laid out the factual and procedural background of the cases, the Ninth Circuit Court of Appeal’s consolidation and ruling on the cases, the arguments made in the petitions for certiorari, and the implications of a Supreme Court review of the cases. [read post]
2 Jun 2018, 10:35 am
Smith reflected on the state of democracy and the rule of law in the Trump era. [read post]
17 Mar 2019, 12:11 pm
Smith and Hurwitz. [read post]
30 Jan 2019, 8:42 am
The Court concluded that it was a matter of discretion for the court whether to assume jurisdiction under Article 4 when the subject matter fell within Article 24 (relying on the judgment of Andrew Smith J in Ferrexpo v Gilson [2012]).Service out of the jurisdiction on Chinese companiesTurning to service on the Chinese entities, there was no dispute that the first two hurdles were met: 1) the claim falls within a gateway (CPR 6 PDB) and 2) there is a serious issue to be tried. [read post]
6 Nov 2012, 6:14 am
Mills, 664 F.2d 600, 608 (6th Cir. 1981); Smith v. [read post]
12 Feb 2021, 12:59 pm
After the Circuit reversed the Rule 702 exclusions, and the Supreme Court denied the petition for a writ of certiorari, the case returned to the federal district court, where the defense lodged a Rule 702 challenge to expert witness opinion that attributed plaintiff’s acute promyelocytic leukemia to benzene exposure. [read post]