Search for: "In re: Biven"
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7 Jul 2008, 9:37 am
Officials Over Deportation; New 'Bivens' Remedy Not Created
NEW YORK COUNTYTorts
'Post's' Former Gossip Columnist's Defamation Action Against Clintons And Others Dismissed
Stern v. [read post]
8 Nov 2007, 12:23 am
COURT OF APPEALS, SECOND CIRCUITBankruptcy
Circuit Upholds Attorney's Ouster in Bankruptcy; Efforts to Ignore, Circumvent Court Orders Noted
In re: Sueann M. [read post]
1 Mar 2009, 9:58 am
We then came back to the central question of the level of detail necessary for a complaint under Rule 8(a)(2) and 9(b), tracing the evolution of pleading from Conley to Rule 9(b) to Twombly (and perhaps to Iqbal, a Bivens claim that could further re-define notice pleading. [read post]
26 Apr 2021, 12:52 pm
He sued pursuant to Bivens v. [read post]
21 Mar 2012, 3:48 pm
There are also some great blogs to follow if you're so inclined, especially the "Civil Procedure [read post]
1 Dec 2023, 12:30 pm
Dissent: However much the Court hates Bivens, there's an on-point decision here, and we're bound by it. [read post]
30 Aug 2018, 12:13 pm
The Senate Judiciary Committee is scheduled to begin hearings Sept. 4 on the nomination of Judge Brett Kavanaugh to the U.S. [read post]
28 May 2014, 4:19 am
Commentary on the decision comes from Noah Feldman, who argues at Bloomberg View that, “[o]n closer examination . . . the decision is less satisfying than it appears”; from Kent Scheidegger at Crime and Consequences, who observes that there “is already a movement afoot to remove IQ ceilings from the definition of intellectual disability altogether” and argues that the movement “must not succeed” in the context of eligibility for the death penalty because… [read post]
13 Oct 2016, 4:09 am
” Also for Constitution Daily, Lyle Denniston reports that two of the three cases the court added to its docket this week involve the “Bivens remedy,” named for a 1971 case in which the court allowed a lawsuit against federal agents based on a constitutional violation; he observes that the “two cases have the potential for a major new statement by the court, perhaps an attempt to put the Bivens remedy so far out of reach that it would become, in essence… [read post]
12 Apr 2014, 6:55 am
And while we’re discussing the Chinese, Lauren analyzed some of the issues at play in Ralls Corp. v. [read post]
23 Jun 2017, 4:25 am
” At PrawfsBlawg, Richard Re observes that “critics of Abbasi have argued that Bivens is now ‘all but overruled’ and ‘all-but limited … to its facts. [read post]
4 Dec 2006, 8:16 am
So why did the Supremes re-list this case four times before granting it? [read post]
3 Jan 2020, 12:30 pm
Fifth Circuit: We're not saying that this diabetic prisoner in Texarkana, Tex. federal prison who broke his ankle and went without effective medical care for a weekend and then served 93 days in segregated housing after he complained doesn't have a Bivens claim. [read post]
18 Feb 2014, 8:54 am
Federal public prisoners can still sue under Bivens, and state prisoners (whether public or private) can sue under § 1983, which is more generous than Bivens. [read post]
29 Oct 2009, 11:11 am
§ 2676, a judgment on Federal Tort Claims Act claims bars a judgment on Bivens claims when the FTCA claims and the Bivens claims were brought together in the same lawsuit. [read post]
20 Jun 2017, 9:02 am
” Bivens, 403 U. [read post]
17 Feb 2013, 10:02 am
So we have a gaping hole in constitutional authority, not just created by the precedent of In re Neagle, that does not include authority to criminally prosecute federal agents for things they might do. [read post]
20 Jun 2017, 12:59 pm
Bivens v. [read post]
25 May 2009, 10:01 pm
We'd been arguing for that result for a while; we're delighted to see the folks in the robes agree.And then the implications: "Two working principles underlie our decision in Twombly. [read post]
16 Sep 2009, 3:46 pm
We're still following your case. [read post]
