Search for: "Matter of Cert. of a Question of Law"
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15 Aug 2017, 2:32 pm
NCAA--namely, as what he calls a federal "preemption" case that can be resolved by ignoring New Jersey law and simply recognizing that the sports gambling in question is prohibited by federal law. [read post]
10 Jun 2019, 12:47 pm
With only four votes needed to grant cert., why did Breyer end up standing alone in this instance? [read post]
9 May 2011, 6:39 am
But if it is not a political question -- because, as the petitioner argues in his cert petition, Congress has already spoken authoritatively to the matter -- then the question is whether Congress has the constitutional authority to dictate US foreign policy on such vexed problems as the status of Jerusalem. [read post]
23 Nov 2010, 1:01 pm
IN THE MATTER OF J.B., J.D. [read post]
28 Nov 2017, 12:11 pm
As an initial matter, the court has denied cert. [read post]
29 Apr 2014, 12:38 pm
Rather, "the correct question is whether a mistake of law, no matter how reasonable or understandable, can provide the objectively reasonable grounds for providing reasonable suspicion or probable cause. [read post]
30 Apr 2023, 9:00 pm
It should grant cert. in Huffman right away. [read post]
13 Nov 2011, 9:19 am
I don’t know how to handicap cert petitions. [read post]
24 Jul 2019, 1:20 am
The Federal Circuit reversed, however, holding that Samsung was entitled to judgment as a matter of law on invalidity because the jury was required to accept the purportedly credible, “unrebutted,” and “uncontradicted” testimony of Samsung’s paid expert. [read post]
10 Oct 2017, 2:39 pm
Some such systems of course already exist, so it is difficult to say from the outside how much this will matter. [read post]
15 Jan 2010, 12:03 am
The shoreline defense structure may have been legal when it was built, but it became illegal when it impeded natural erosion.The property owners have filed a cert petition (posted here), posing these Questions Presented:As a matter of federal law, the boundary on navigable waters between uplands and tidelands is ambulatory in nature. [read post]
30 Nov 2009, 10:03 am
The questions presented are: 1) Do anti-fraud provisions of U.S. securities laws extend to transnational frauds when (a) foreign-based parent company conducted substantial business in United... [read post]
24 Feb 2017, 11:51 am
“Tackling a major constitutional question with the level of representation evident in the [cert petition] … would be a risky enterprise. [read post]
4 Feb 2021, 7:59 am
The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter. [read post]
8 Dec 2011, 1:56 am
This "sleeper issue" has gotten a lot less press, though the Supreme Court explicitly included the question in the cert grant and has allocated a full hour of argument time to the issue, which is some indication it is taking the matter seriously. [read post]
30 May 2010, 9:19 am
Moreover, the likelihood of a circuit split developing is dependent upon the adoption of potentially conflicting state laws, and not all states (or regions) are as likely to enact the sorts of laws that raise preemption questions. [read post]
18 Jun 2011, 12:52 pm
It stated:Before we can address that question [raised by the government’s cert petition], however, we must resolve a threshold issue of mootness. [read post]
24 Mar 2023, 9:02 am
This makes the case a pure legal question with no contested facts.The case is No. 22-924. [read post]
7 Mar 2013, 9:34 am
While the cert. petition is largeley devoted to the question of interpreting that treaty, there is also a question presented regarding what deference is due to a foreign sovereign’s interpration of its law. [read post]
15 Apr 2011, 1:27 pm
Holder which involves a question of whether the Uruguay Round Agreements Act (“URAA”) is constitutional. [read post]
