Posts filtered by tags: Court[x]


SCOTUS Declines To Rule On Matthew Whitaker’s Appointment As Acting Attorney General

CNBC: In an unusual maneuver, Goldstein also used the case to raise the question of whether Trump’s acting attorney general, Matthew Whitaker, was constitutionally appointed. Trump appointed Whitaker in November after forcing out Jeff Sessions. Critics immediately pounced on the appointment, arguing that it was unlawful because Whitaker had not been confirmed by the Senate to the post he held at the time of his elevation to acting attorney general. Goldstein made his client’s gun rights case int...
Tags: Supreme Court, Senate, Court, Military, Gun Control, Cnbc, Trump, Whitaker, AG, Matthew Whitaker, Goldstein, Rod Rosenstein, Barry Michaels

Terry Holcomb, Second Amendment Activist, Prevails against Waller County Tyranny

Terry Holcomb, Second Amendment Activist Arizona -( – In August of 2016, Terry Holcomb, a Second Amendment activist, wrote a letter to Waller County, Texas. The letter asked Waller County to stop breaking the law, according to what had been passed in the 2015 legislature.  Some county officials disagreed with the Texas Attorney General, on what the law meant. So Waller County sued the Second Amendment activist, in an attempt to undercut the Attorney General. This was a direct...
Tags: Texas, Guns, Supreme Court, Court, Department Of Defense, Austin, Arizona, Houston, Second Amendment, Waller County Texas, Court of Appeals, Paxton, Ken Paxton, Holcomb, Waller, Waller County

HP and Hewlett Packard Enterprise will pay a $25 million settlement to salespeople who sued over messed up pay (HP, HPE)

After a nine-year court battle that began years before Hewlett Packard split into two companies, HP salespeople that sued the company are expecting to receive thousands of dollars in settlement fees. The salespeople sued, claiming that HP's computer systems weren't tracking commissions properly and they weren't getting paid in a timely manner. Complaints about pay for salespeople dragged on for years, long after the company split. In 2017, an HP executive apologized to salespeople about the on...
Tags: Amazon, Beyonce, Microsoft, Satya Nadella, Court, Trends, Cisco, Hp, Dreamworks, Jeffrey Katzenberg, Dell, Hewlett Packard, Business Insider, Brown, Hewlett Packard Enterprise, Cheryl Brown

Judge Finds That Trump Move To Add Census Citizenship Question Is Illegal

A federal judge on Tuesday blocked the Trump administration’s plan to add a citizenship question to the 2020 census, with an opinion that found the move by Commerce Secretary Wilbur Ross violated the Administrative Procedure Act. Furman’s decision, if not overturned by a higher court, is a monumental victory for voting rights activists and immigrant advocates, who feared the question would spook immigrant participation in the census. An undercount of those populations would shift political re...
Tags: News, Supreme Court, Congress, Court, Commerce, Aclu, Manhattan, Justice Department, Ross, Vra, Trump, Tierney Sneed, APA, Census Bureau, Jesse Furman, Furman

Argument analysis: Quiescent bench dubious about broad fee awards in copyright cases

The week’s second argument, Rimini Street v. Oracle USA, has the justices considering the scope of fees available to a prevailing party in litigation under the federal Copyright Act. Sitting for the second week without Justice Ruth Bader Ginsburg, the bench was remarkably quiescent. To the extent the justices evinced any strong interest in the case, they seemed skeptical about allowing broad fee awards. The case calls for a reading of Section 505 of the Copyright Act, which defines the recove...
Tags: Featured, Law, Congress, Court, Ruth Bader Ginsburg, Paul Clement, Sonia Sotomayor, John Roberts, Perry, Roberts, Sotomayor, Elena Kagan, Kagan, RIMINI, Clement, Mark Perry

Via distinctive 5-4 vote, SCOTUS concludes Florida robbery satisfies "physical force" requirement as Armed Career Criminal Act predicate

In this post last year, I asked "At just what level of Dante's Inferno does modern ACCA jurisprudence reside?".  This cheeky question flows from the challenges and frustrations that surround trying to figure out which prior convictions do and do not serve as predicates for application of the federal Armed Career Criminal Act's 15-year mandatory minimum term.  And today the Supreme Court added still more color to its modern ACCA jurisprudence by handing down its decision in Stokeling v. US, No. 1...
Tags: Florida, Supreme Court, Law, Scotus, Court, US, United States, Johnson, Dante, Thomas, Sotomayor, Breyer, Kavanaugh, ACCA, Douglas A Berman, Thomas J

India: Asian Resurfacing Of Road Agency v. Central Bureau Of Investigation : Criminal Appeal Nos. 1375-1376 Of 2013 - Singh & Associates

The Court provided extensive guidelines as to how the proceedings in such cases have to be carried out in a timely manner.
Tags: News, India, Court, Associates, Singh, Central Bureau of Investigation, Asian Resurfacing Of Road Agency

Canada: Risky (Estate Planning) Business: Joint Tenancies May Expose Assets To Third Party Creditor Claims - Alexander Holburn Beaudin + Lang LLP

The Court accepted that Ms. Gully had made this transfer as part of her estate plan, which also included a will executed in 2015.
Tags: News, Court, Canada, Alexander Holburn Beaudin Lang

Monday round-up

This morning the justices begin the second week of the January sitting with two oral arguments. First up is Thacker v. Tennessee Valley Authority, in which the court will decide whether an implied discretionary function exception bars a negligence claim against the TVA. Gregory Sisk previewed the case for this blog. Ushin Hong and Russell Mendelson have a preview at Cornell Law School’s Legal Information Institute. This morning’s second argument is in Rimini Street Inc. v. Oracle USA Inc., which...
Tags: Supreme Court, Law, Congress, White House, Court, United States, Wyoming, New York Times, Fox News, Npr, Oklahoma, Ruth Bader Ginsburg, Cornell, Hyatt, Round-up, Reuters

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Doorey’s Workplace Law Blog 2. Michael Spratt 3. Erin Cowling 4. Know How 5. Michael Geist Doorey’s Workplace Law Blog Heller v. Uber: Some Thoughts from Ontario on Uber’s Arbitration Clau...
Tags: Uber, Law, Court, Canada, OECD, Telus, Ontario, Ontario Court of Appeal, Heller, Michael Geist, Uber Technologies, Organization for Economic Co, Monday’s Mix, Doorey, Erin Cowling, Michael Spratt

United States: Supreme Court Holds Threshold Question Of Arbitrability Is One Of Contract And Valid Agreements To Submit Question To Arbitrator Will Be Enforced - Lewis Brisbois Bisgaard & Smith LLP

Of note, the Court did not decide whether this particular arbitration clause constituted referral of the gateway question to the arbitrator.
Tags: News, Supreme Court, Court, United States, Lewis Brisbois Bisgaard, Smith LLP

Justice Kavanaugh joins Chief and more liberal Justices in GVR of Kentucky capital case

This morning's Supreme Court order list is fairly short and is mostly denials of certiorari. But the last page of the order list should intrigue capital sentencing fans, and it contains an order in White v. Kentucky, No. 17-9467, in which the Court vacated the decision below "and the case is remanded to the Supreme Court of Kentucky for further consideration in light of Moore v. Texas, 581 U. S. ___ (2017)." This GVR is made extra interesting because Justice Alito issued this short dissent, whic...
Tags: Texas, Supreme Court, Law, Kentucky, Court, Indiana, Kennedy, Cooper, Webster, Scalia, Moore, Alito, Kavanaugh, Kaushal, Gorsuch, Douglas A Berman

Australia: We cannot agree about the religion for our child. What will the Court do? - Swaab

The Court needs to balance between welfare of the child and neutrality as to different religious views and practices
Tags: News, Australia, Court, Swaab

2H 2018 Quick Links, Part 6 (IP, E-Commerce, Censorship, & More)

Intellectual Property * Daniel v. FanDuel (Ind. Oct. 24, 2018): “online fantasy sports operators that condition entry to contests on payment and distribute cash prizes do not violate the Indiana right of publicity statute when those organizations use the names, pictures, and statistics of players without their consent because the use falls within the meaning of “material that has newsworthy value,” an exception under the statute.” * Washington Post: ‘Everyone signed one’: Trump is aggressive in ...
Tags: Amazon, Facebook, Minnesota, Law, Congress, Washington Post, China, Massachusetts, Court, E-commerce, Indiana, Trade Secrets, Maine, New Jersey, District Of Columbia, Ada

A sensible compromise is needed on Dreamers and border security

In 1858, Abraham Lincoln famously warned, “A house divided against itself cannot stand… half slave and half free… It will become all one thing or all the other.” In 2019, Americans of all political persuasions must come to grips with a similar reality; this country cannot endure permanently half legal and half illegal. We either believe in the sovereignty of our borders or we don’t. If we chose the latter over the former, we will punt away our birthright and America will be a nation in name only...
Tags: Japan, Obama, Congress, California, Opinion, Mexico, White House, Court, America, Sport, Soccer, Gop, San Jose, Nancy Pelosi, Liberal, Republican Party

ATF Bump Stock Rule Demonstrates the Dangers Inherent in Administrative Actions

Opinion ATF Bump Stock Rule Demonstrates the Dangers Inherent in Administrative Actions New York – -( Agency rules must be scrutinized carefully by the courts for they have a tendency to override congressional legislation The American public has historically given little thought to the relationship between Congressional legislation and Administrative action. That must change. The new ATF Rule makes clear that the public must become aware of the intricacies of Governmental actio...
Tags: Guns, Congress, Court, United States, Courts, Chevron, Executive Branch, Trump, Nra, U S Supreme Court, Congressional, Pelosi, Schumer, ATF, Gun Rights News, Judicial Branch

Louisiana court: Online anonymity doesn’t shield lawyers from ethical obligations

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Louisiana court: Online anonymity doesn’t shield lawyers from ethical obligation Office water coolers used to be gathering places where people discussed current events and caught up on office gossip. But, like many other time-honored traditions, even water cooler conversations have been affected by technology. Certainly these in-office discussions still occur, but much of the day-to-day discours...
Tags: Facebook, New York, Supreme Court, Law, Court, Social Media, Ethics, Web/Tech, Nopd, Louisiana, Thomson Reuters, Aba, ABA Journal, Gill Pratt, National Guard, Jefferson

Second Amendment Prayer for Justice Ruth Bader Ginsburg

Second Amendment Prayer for Justice Ruth Bader Ginsburg Arizona -( Second Amendment supporters want to see President Trump appoint more originalists and textualists to the Supreme Court.  The most likely Justice to create an opening is Justice Ruth Bader Ginsburg. Justice Ginsburg voted against the Heller decision. She voted against the McDonald decision. Her opinion on the Second Amendment is was clear then, and it is clear now. The Second Amendment should be defined as inconse...
Tags: Justice, Guns, Supreme Court, Court, Department Of Defense, Arizona, Jesus, Donald Trump, Ruth Bader Ginsburg, Second Amendment, Trump, Ruth, McDonald, Ginsburg, Heller, Gun Rights News

Supreme Court adds three (little?) criminal cases to its docket

The US Supreme Court this afternoon released this order list in which the Court granted certiorari in eight new cases.  Three of these cases are criminal justice matters, and here are the basics with a big assist from SCOTUSblog: Quarles v. United States, No. 17-778 Issue : Whether Taylor v. United States’ definition of generic burglary requires proof that intent to commit a crime was present at the time of unlawful entry or first unlawful remaining, as two circuits hold; or whether it is enou...
Tags: Supreme Court, Law, Court, United States, Wisconsin, Taylor, US supreme court, Mitchell, Quarles, Douglas A Berman, Rehaif

Supreme Court says Justice Ginsburg’s recovery is ‘on track’

WASHINGTON (AP) — The Supreme Court says Justice Ruth Bader Ginsburg’s recovery from cancer surgery is “on track” and no further treatment is required. But the 85-year-old justice will miss court arguments next week. Court spokeswoman Kathy Arberg says that doctors for Ginsburg confirmed an initial evaluation that found no evidence of remaining cancer following […]
Tags: News, Supreme Court, Washington, Court, Ap, Nation, Ruth Bader Ginsburg, The Supreme Court, Ginsburg, Kathy Arberg

There is no "mandate." And oh, by the way, Judge O'Connor didn't enjoin enforcement of any provision of the ACA, let alone "strike down" Obamacare in its entirety.

All the many critics are absolutely correct that Judge O’Connor’s severability analysis in his Affordable Care Act opinion yesterday is indefensible.  By focusing so intently on the severability argument, however, many of those critics concede (or assume) far too much at the front end, which is, if anything, even less defensible. The linchpin of O’Connor’s judgment—the part that triggers his severability analysis in the first place—is his conclusion that once the Affordable Care Act’s “shared r...
Tags: New York, Texas, Congress, Court, United States, States, Connor, Doj, ACA, Irs, Branding, Thompson, Roberts, NFIB, Jonathan Adler, Burwell

"Wealth-Based Penal Disenfranchisement"

The title of this post is the title of this notable new article now on SSRN authored by Beth Colgan. Here is its abstract: This Article offers the first comprehensive examination of the way in which the inability to pay economic sanctions—fines, fees, surcharges, and restitution — may prevent people of limited means from voting.  The Supreme Court has upheld the constitutionality of penal disenfranchisement upon conviction, and all but two states revoke the right to vote for at least some offen...
Tags: Supreme Court, Law, Court, District Of Columbia, Douglas A Berman, Beth Colgan Here

Court denies motion to clarify obligations when making permitted ex parte contacts

By David Hricik The ABA Model Rules and most state rules divide the world into “persons represented by counsel,” who may not be contacted about a matter, and “unrepresented persons,” who may.  Speaking generally, a lawyer may not communicate about a matter with a person who is “represented by counsel” in that particular matter.  See, e.g., A.B.A. Model Rule 4.2.  This is true even if the represented person wants to talk to the lawyer: only the person’s lawyer may consent. If a person is not “rep...
Tags: Law, Court, Ethics, Aba, Fed, Golden, David Hricik, Hoist Fitness Systems Inc, TuffStuff Fitness International Inc, California Code of Professional Conduct, Zwickler

Wednesday round-up

The justices wrap up the first week of the January session today with one oral argument, in Franchise Tax Board of California v. Hyatt, in which the court will consider whether to overrule a precedent that allows a state to be sued in the courts of another state without its consent. Richard Re previewed the case for this blog. Clotilde Le Roy and Jarrett Field have a preview at Cornell Law School’s Legal Information Institute. In his first Supreme Court opinion, Justice Brett Kavanaugh wrote for...
Tags: Supreme Court, Law, Washington Post, Washington, Court, America, Bloomberg, Cnn, New York Times, New Orleans, Fox News, Republican, Economist, Hyatt, Trump, Round-up

AmmoLand News Quoted in the New York Times, on Second Amendment

Second Amendment U.S.A. -( My words seldom appear in the New York Times. It is interesting when they do. It shows, to use a phrase of the Left “we are making progress.”  This occurrence was from the article published on Ammoland about the Third Circuit failing to protect Second Amendment rights.  From The 49-year-old Judge Bibas, a former law professor, won plaudits for his dissenting opinion. “It is easy to see why President Trump chose to appoint him,” said an art...
Tags: New York, Guns, Supreme Court, Congress, Court, Department Of Defense, Yale, New York Times, Arizona, Kennedy, Progressive, Second Amendment, Trump, Thomas, Linda Greenhouse, Third Circuit

Ammoland Quoted in the New York Times, on Second Amendment

Second Amendment U.S.A. -( My words seldom appear in the New York Times. It is interesting when they do. It shows, to use a phrase of the Left “we are making progress”.  This occurrence was from the article published on Ammoland about the Third Circuit failing to protect Second Amendment rights.  From The 49-year-old Judge Bibas, a former law professor, won plaudits for his dissenting opinion. “It is easy to see why President Trump chose to appoint him,” said an art...
Tags: New York, Guns, Supreme Court, Congress, Court, Department Of Defense, Yale, New York Times, Arizona, Kennedy, Progressive, Second Amendment, Trump, Thomas, Linda Greenhouse, Third Circuit

Russian Firm’s Lawyers Lash Out At Judge For Scolding Them In Open Court

The lawyers for a Russian firm accused of backing internet trolling in the 2016 election used a scheduling inquiry from a federal judge to lash out at the judge for scolding them in court earlier this week. In a court filing from Concord Management’s lawyers Tuesday, the lawyers implied that the judge’s comments were to blame for death threats lobbed against them. “[T]he Court did not consider the fact that while the mainstream media has largely ignored Defendant’s pending motions, when the w...
Tags: Rachel Maddow, News, Supreme Court, Court, Kremlin, Tierney Sneed, Concord, Mueller, Robert Mueller, Brett Kavanaugh, Dabney Friedrich, Yevgeny Prigozhin, Muckraker, Katherine Seikaly, Concord Management, Seikaly

Unpacking the "Transgender in the Military" Cases

As many Balkinization readers may know, a few weeks ago the Solicitor General filed petitions for certiorari “before judgment” with the Supreme Court in three cases (Nos. 18-676, 677, 678) challenging then-Secretary of Defense Mattis’s new policy regarding transgender service-members.  In each of the cases a district court preliminarily enjoined DOD from implementing the new policy.  On Friday, however, a D.C. Circuit panel in one of the cases (consisting of Judges Griffith, Wilkins and Williams...
Tags: Supreme Court, Obama, Obama Administration, California, Defense, Court, America, Williams, Doj, Ash Carter, Branding, Trump, Nixon, Dod, Carter, D C Circuit

House of gunman in Las Vegas mass shooting sells for $425K

LAS VEGAS (AP) — The house of the man responsible for the deadliest mass shooting in modern U.S. history has been sold. Court records show District Judge Gloria Sturman approved the sale of Stephen Paddock’s Nevada home for $425,000. The Las Vegas Review-Journal reports the two-bedroom, 2,018-square-foot (187.5-square-meter) home, about 80 miles (130 kilometers) northeast […]
Tags: News, Court, Ap, Nation, Las Vegas, Nevada, Las Vegas Review Journal, Stephen Paddock, Gloria Sturman

Recruitment of Clerks in Haryana Courts by SSSC Chandigarh

Clerks Recruitment in Haryana Courts by SSSC   Online applications are invited from eligible candidates for filling up of following Government Job posts of  Clerks on behalf of the District and Sessions Judges of UT of Haryana by Society for Centralized Recruitment of Staff in Subordinate Courts (SSSC) in Haryana under High Court of Punjab and Haryana   ... Please Click on the Title to Read Full Details. [Author: [email protected] (SarkariNaukriBlog com)]
Tags: Jobs, Court, High Court, Online, Commission, Punjab, Haryana, Chandigarh, Clerk, SSC, HotJob, District and Sessions Judges of UT, Clerks Recruitment, Society for Centralized Recruitment of Staff, Subordinate Courts SSSC