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18 Mar 2024, 9:30 am by Guest Blogger
“Even though the Comstock law does not ban abortion literally,” Mitchell has explained, “it bans the shipment or receipt of any abortion-related equipment,” and no abortion takes place in the United States without some item sent in the mail. [read post]
18 Mar 2024, 7:37 am by Eleanor Vaida Gerhards
A federal district court recently granted the United States’ Motion for Default Judgment against the quick-service burger restaurant franchise concept, Burgerim Group USA, Inc. and its owner (“Burgerim”). [read post]
18 Mar 2024, 6:43 am by Dan Bressler
The representation is particularly common in mass torts, where states and local governments sue companies for public nuisance. [read post]
18 Mar 2024, 6:00 am by Sherica Celine
” 20 Following such precedent, federal appellate courts have repeatedly cautioned against a mechanical or formulaic application of the economic reality test, 21 and specifically warned that no single factor is controlling and the list of factors is not exhaustive. 22 Contrary to the core-factor emphasis of the 2021 IC Rule, the Final Rule reverts to a multi-factor totality of circumstances test that does not ascribe weight to any factor. [read post]
18 Mar 2024, 6:00 am by Public Employment Law Press
Defendant removed the case to federal court and a United States District Court for the Southern District of New York granted Defendant's motion to dismiss all of Plaintiff's claims under both Human Rights Laws. [read post]
18 Mar 2024, 6:00 am by Public Employment Law Press
Defendant removed the case to federal court and a United States District Court for the Southern District of New York granted Defendant's motion to dismiss all of Plaintiff's claims under both Human Rights Laws. [read post]
18 Mar 2024, 4:10 am by Howard Friedman
The Michigan federal district court said in part:The city’s alleged failure to improve the air quality of its residents does not give rise to a free exercise claim because that failure impacts city residents without regard to their religion.... [read post]
17 Mar 2024, 10:34 am by Dennis Crouch
That would be an unfortunately crabbed view of the Conference’s statutory authority to “prescribe general rules of practice and procedure . . . in the United States district courts. [read post]
16 Mar 2024, 9:37 pm by Howard Friedman
Blinken, (D NM, March 13, 2024), a New Mexico federal district court dismissed challenges to the denial of an R-1 (Temporary Religious Worker) visa for Stefen Green, a South African citizen who was to be hired as Calvary Church's Worship Director. [read post]
16 Mar 2024, 9:31 pm by Justin Hendrix
Sorting Fact From Fiction Murthy v Missouri started out as Missouri v Biden, a complaint filed with the US District Court for the Western District of Louisiana against President Joe Biden, several federal agencies, and government officials. [read post]
16 Mar 2024, 6:39 am by Dennis Crouch
Prong One: The Court grounded the first prong of its state action test in the “bedrock requirement that ‘the conduct allegedly causing the deprivation of a federal right be fairly attributable to the State.'” Quoting Lugar. [read post]
15 Mar 2024, 1:45 pm by Michael Lowe
Here’s the background: first, a federal district court judge down in Austin heard the case and ruled that SB4 “…threatens the fundamental notion that the United States must regulate immigration with one voice. [read post]
15 Mar 2024, 11:08 am by Legal Profession Prof
The United States Attorney for the Eastern District of Kentucky had a press release Late Friday, a federal jury sitting in Lexington... [read post]
15 Mar 2024, 6:07 am by Michael C. Dorf
And if it is dismissed, then per the supplemental jurisdiction statute, the district court "may decline to exercise supplemental jurisdiction" over the state law non-pre-emption claim. [read post]
15 Mar 2024, 5:32 am by Beatrice Yahia
The United States circulated the final draft of a U.N. [read post]
15 Mar 2024, 4:00 am by Jim Sedor
The Judicial Conference of the United States said district courts may continue to assign cases to a single-judge division if those cases do not seek to bar or mandate state or federal actions through declaratory judgment or injunctive relief. [read post]