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22 Mar 2024, 4:00 am by Guest Blogger
Unlike in the US system, Ontario also allows certain matters to be commenced by various ‘flavors’ of Application. [read post]
20 Dec 2022, 2:23 pm by Eugene Volokh
Bishop Wilkins contends that we have jurisdiction to consider his appeal, arguing that the claim involves ecclesiastical matters and thus affects his First Amendment rights. [read post]
8 Dec 2022, 7:41 am by Alex Phipps
This matter has a complicated procedural history, resulting in four Court of Appeals opinions. [read post]
7 Nov 2022, 2:57 am by INFORRM
The court directed the parties to file written submissions on 8 November 2022 and reply submissions on 10 November 2022 to allow the Judge to decide the matter on paper. [read post]
22 Sep 2022, 8:12 am by Alex Phipps
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 20, 2022. [read post]
23 Dec 2021, 7:40 am by Christopher Tyner
  The defendant, who had underlying health conditions, was not entitled to relief on a MAR under G.S. 15A-1415(b)(8) on the basis of his prison sentence being invalid as a matter of law as a form of cruel and unusual punishment due to the coronavirus pandemic. [read post]
13 Dec 2021, 4:39 pm by luiza
Soon after, she called out what she considered to be the hypocrisy of a Pinterest “Black Lives Matter” post in June 2020 in the wake of mass protests related to George Floyd’s murder. [read post]
5 Oct 2021, 2:24 pm by Eugene Volokh
City of Durham, decided today by the North Carolina Court of Appeals, in an opinion by Judge Lucy Inman, joined by Judges Valerie Zachary and Jeffery Carpenter; note that the court ultimately holds for the police officer based on the alleged violation of his department-created procedural rights, not on any substantive protections for his conduct (however laudable the judges might view it to be, if I'm reading the tone of the opening paragraph right): In his first experience negotiating… [read post]
6 Sep 2021, 11:52 am by Eric Goldman
The court also says that videos of past commercial sex create the risk of future sex trafficking, no matter how old the videos are: “regardless of when the Videos were created, the allegations that the Videos were being retweeted on a massive scale while they remained on the Twitter platform raise a plausible inference that Twitter’s failure to remove the Videos would result in future commercial sex trafficking. [read post]
7 Jul 2021, 9:52 am by Phil Dixon
As a preliminary matter, the court observed that the defendant again only made a general objection at trial and possibly failed to preserve the issue for appellate review. [read post]
30 Apr 2021, 1:35 pm by karen
  The law reverses the traditional burden of proof in employment matters, putting the onus on the employer to satisfy the court that it did not take the alleged reprisal against a whistleblower because of the employee’s whistleblowing. [read post]
19 Mar 2021, 3:53 pm by luiza
While the SEC’s program allows multiple whistleblowers to be eligible for an award in connection with the same matter, it is always preferable to be the first whistleblower to file a tip with the SEC because any subsequent whistleblowers will only be rewarded if they bring additional information above and beyond that included in the first whistleblower’s original report. [read post]
12 Mar 2021, 5:58 am by The Law Offices of John Day, P.C.
“Fraud involves a question of fact, and the facts must show an intent to deceive on a material matter. [read post]
24 Jan 2021, 7:47 pm by Omar Ha-Redeye
Returning the matter to arbitration would introduce additional cost and delay for the parties. [read post]
4 Dec 2020, 9:10 am by anne
Four of our whistleblower partners – Eric Havian, Mary Inman, Anne Hayes Hartman, and Marlene Koury – were named to the Lawdragon 2020 list of 500 Leading Plaintiff Financial Lawyers in America. [read post]