Posts filtered by tags: Law[x]


Argument analysis: Justices have strong views about removal of class actions

Yesterday morning’s argument in Home Depot U.S.A. v. Jackson was a notable one, as Justice Elena Kagan brought a strong view of the case to the bench and proceeded to dominate the argument. The case involves the removal of litigation from state court to federal court. Under Section 1441 (and predecessor provisions dating back to the 18th century), “the defendant or the defendants” generally has a right to remove “any civil action brought in a State court of which the [federal] district courts ha...
Tags: Home Depot, Featured, Law, Congress, Citibank, Jackson, Sonia Sotomayor, John Roberts, Alito, Sotomayor, Stephen Breyer, Breyer, Elena Kagan, Kagan, Samuel Alito, Goldstein Russell

Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance

In the first 5-4 decision of this term (Stokeling v. United States), the Supreme Court ruled yesterday that state robbery statutes that require “resistance … overcome by physical force,” even if the force used is “minimal,” are sufficient to satisfy the prior-conviction requirement of the federal Armed Career Criminal Act. This result was not as surprising as the grouping of the justices. Justice Clarence Thomas’ majority opinion was joined by Justice Stephen Breyer, while Justice Sonia Sotomayo...
Tags: Florida, Featured, Supreme Court, Law, Congress, United States, Davis, Johnson, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts, Scalia, U S Court of Appeals, Sotomayor, Stephen Breyer

Kirsten Gillibrand’s Biglaw Event — See Also

Davis Polk's Alumni Support: They're hosting an event for Kirsten Gillibrand. Biglaw's Getting Clever With Perks: It's about more than just money. Now This Is A Great Decision: Judge slams Trump administration's census plans. Speaking Of Good Decisions: Alabama can't protect Confederate monuments. Are Daily Fantasy Sports In Danger? The admin's latest ploy.
Tags: Law, Alabama, Kirsten Gillibrand, Trump, Davis Polk, See Also, Kirsten Gillibrand Biglaw

The Law School Making The Biggest Change To Their Admissions Standards

The standards are improving at this school.
Tags: Law, Law Schools, Trivia Question of the Day

Self Report Of Bill Inflation Leads To Bar Charges

The Illinois Administrator has filed a complaint alleging billing misconduct by a former Kirkland & Ellis associate In 2011, Respondent began working as an associate at the Kirkland & Ellis firm in Chicago, where he worked in the firm’s intellectual... [Author: Legal Profession Prof]
Tags: Law, Chicago, Kirkland Ellis, Legal Profession Prof, Bar Discipline & Process

Wells Fargo Admits That It Will Remain In A Bad Bank Time Out For 2019

America’s naughtiest lender will stay under Fed punishment for the whole year.
Tags: Money, Law, America, Wells Fargo, Fed

Biglaw Firm Really Wants People To Know Their Alum Is Running For President

Davis Polk shows its support for an alum.
Tags: Law, Kirsten Gillibrand, Biglaw, Davis Polk

This Biglaw Firm’s Getting Behind A Presidential Candidate

Davis Polk shows its support for an alum.
Tags: Law, Kirsten Gillibrand, Biglaw, Davis Polk, Presidential Candidate

Argument analysis: Justices weigh text and history of 21st Amendment in challenge to state residency requirement for liquor licenses

Ratified in 1933, the 21st Amendment ended Prohibition – which (fun fact!) was established by the 18th Amendment, ratified 100 years ago today. It also gave states broad power to regulate alcoholic beverages. At today’s oral argument in Tennessee Wine and Spirits Retailers Association v. Blair, the justices considered exactly how expansive that regulatory power is. In particular, does the 21st Amendment allow Tennessee to impose a two-year residency requirement for anyone who wants a retail lice...
Tags: Amazon, Utah, Featured, Supreme Court, Law, Tennessee, Nashville, Ruth Bader Ginsburg, Memphis, Wilson, Sonia Sotomayor, John Roberts, Phillips, Blair, Howe, Alito

Advocates Providing “Legal Services”

There’s change on the horizon for Manitoba’s legal community, and not everyone is on board with it. If you’ve ever read my posts here (and I haven’t written in quite a while, so you may not have), you will likely not be surprised to learn that I support the current efforts of Legal Aid Manitoba to seek permission from the Immigration and Refugee Board of Canada (“IRB”) to use trained advocates rather than lawyers to represent asylum-seekers where appropriate to do so. According to this CBC News ...
Tags: Law, EIA, Manitoba, Winnipeg, CBC News, IRB, Winnipeg Free Press, University of Manitoba, Justice Issues, Access to justice, Robson Hall, Manitoba Interfaith Immigration Council, Legal Aid Manitoba, Asylum Seekers And Refugees, Immigration and Refugee Board of Canada IRB, Welcome Place

Argument transcripts

The transcript of oral argument in Knick v. Township of Scott is available on the Supreme Court’s website; the transcript in Tennessee Wine & Spirits Retailers Association v. Blair is also available. The post Argument transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Blair, Merits Cases, Knick v Township of Scott, Tennessee Wine Spirits Retailers Association

Allergan, Saint Regis Mohawk Tribe Ask SCOTUS To Hear Restasis Patent Case

A federal court last year put the kibosh on a deal whereby Allergan transferred to the tribe the Restasis patents, which the tribe then licensed back to Allergan, asserting tribal sovereign immunity to have generic companies' challenge to the patents dismissed.
Tags: Law, Courts, Allergan, Restasis

Disability Benefits: SSI and Other Resources

How does selling your plazma affect your SSI benefit?
Tags: Law, Social Security Law

Is Going To Law School Now A Better Decision Compared To 10 Years Ago?

With better information, stricter admissions policies, and a good economy, law school may be a viable career option.
Tags: Law, Law Schools, Law Students, Steven Chung

Alabama Judge Takes Bold Stance Against Confederate Monuments

If citizens are "repulsed" by the monument it does not have to stay.
Tags: Law, Alabama, Courts, First Amendment, Michael Graffeo, Confederate monuments

Blocking Constituents from Facebook Page Violates First Amendment–Davison v. Randall

The Chair of Loudoun County Board of Supervisors blocked a constituent on her official Facebook page. While the block was temporary, Davison, the constituent, filed a lawsuit, and prevailed after a bench trial. The Fourth Circuit affirms the main points. The court first says Davison has standing to pursue his claims. He was subject to past enforcement, and the Chair has not “disavowed” future enforcement. The Chair also challenged whether she had acted under color of law in administering the Ch...
Tags: Facebook, Supreme Court, Law, Kentucky, Virginia, Social Media, Randall, Knight Foundation, Trump, Board, Morgan, McIntyre, Fourth Circuit, Eric, Rossignol, Bevin

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. Heller v. Uber Technologies Inc., 2019 ONCA 1 [3] The appellant commenced this proposed class action on behalf of “[a]ny person, since 2012, who worked or continues to work for Uber in Ontario as a Partner and/or independent contractor, providing any of the services outlined in Paragraph...
Tags: Uber, Law, Esa, Grant, Ontario, Uber Technologies Inc, R, Heller, Wednesday: What's Hot on CanLII, Stinchcombe, Penner, Monsieur Grant, Charte Check, Stipo

GOA Files Case Before SCOTUS To Fight Parts Of The NFA

  The Gun Owners of America’s legal arm, the Gun Owners Foundation, is pressing further in their full-throated defense of Jeremy Kettler, a disabled US Army combat veteran. Mr. Kettler was convicted of possession of an unregistered firearm in violation of the National Firearms Act (NFA) in November 2016. The original complaint against Mr. Kettler […] Read More … The post GOA Files Case Before SCOTUS To Fight Parts Of The NFA appeared first on The Firearm Blog.
Tags: News, Guns, Law, Scotus, Appeal, Case, Goa, US Army, Editorial, NFA, Kettler, NFA / Suppressors / Class III, Gun Owners of America, Suppressors, Gun Owners Foundation, Jeremy Kettler

Want Better Litigation Outcomes? Know Your Judges [Sponsored]

With Gavelytics, you finally get the quantifiable and reliable judge information you need to customize your litigation strategy and increase your chances of winning.
Tags: Law, Sponsored Content, Gavelytics

"Mens Rea Reform and Its Discontents"

The title of this post is the title of this great-looking new article authored by Benjamin Levin now available via SSRN. Here is its abstract: This Article examines the debates over recent proposals for “mens rea reform.”  The substantive criminal law has expanded dramatically, and legislators have criminalized a great deal of common conduct.  Often, new criminal laws do not require that defendants know they are acting unlawfully.  Mens rea reform proposals seek to address the problems of overc...
Tags: Law, Mens, Mens Rea, Douglas A Berman, Benjamin Levin

Argument analysis: Justices grapple with notice-and-comment rulemaking for Medicare and beyond

Medicare was before the Supreme Court yesterday in a case that could have significant implications for administrative law. At the granular level, the case, Azar v. Allina Health Services, concerns whether the Department of Health and Human Services was permitted to change, without notice and comment, an important reimbursement formula for hospitals that treat many low-income patients. That question alone determines the fate of $3 to $4 billion. But the stakes are higher because the case requires...
Tags: Featured, Supreme Court, Law, Congress, Medicare, Ruth Bader Ginsburg, National Labor Relations Board, Shah, Thomas, Sonia Sotomayor, APA, HHS, D C Circuit, Department of Health and Human Services, Sotomayor, Bowen

The best thing about this mural is the way the cigarette smoke...

... continues beyond the door onto the wall and around the corner.I framed the image from a Google street view in Alicante, Spain. [Author: [email protected] (Ann Althouse)]
Tags: Google, Smoking, Law, Spain, Alicante Spain, Murals, Ann Althouse, Google grab

New York Judge Fully Annihilates Citizenship Question For Upcoming Census

We already do the Census stupidly, but a District Judge halts Trump's attempts to make it even less accurate.
Tags: Law, Government, Courts, Census, Trump

How would you like to change HIPAA?

We've Moved! Update your Reader Now. This feed has moved to: Update your reader now with this changed subscription address to get your latest updates from us.
Tags: Security, Privacy, Law, Hospitals, Hit, Health Law, Compliance, HHS, HIPAA, Health care policy, Physicians, Accountable Care Organization, Healthcare Innovation, Value Based Purchasing, Pay for performance, Anti-Kickback Statute

Ask An Attorney: I Work In Biglaw. Should I Give Away My Sperm? 

Just remember the value of attorneys, and that even Biglaw attorneys need other attorneys to get it right.
Tags: Law, Advice, Family law, Biglaw, Sperm Donation, Ellen Trachman, Assisted Reproductive Technology (ART

Wow! Burger King made fun of Trump. (Who does Burger King think eats at Burger King?)

Think of how much of a laughingstock a president has to become to have *Burger King* make fun of him. Sad.— George Conway (@gtconway3d) January 16, 2019 In case you don't get the reference, Trump recently tweeted "Because of the Shutdown I served them massive amounts of Fast Food (I paid), over 1000 hamberders etc" (reported in "Trump’s ‘Hamberders’ Tweet Becomes Fodder for Late-Night Laughs" (NYT)). ADDED: Maybe Burger King's tweet is affectionate. I shouldn't accept t...
Tags: Law, Burger King, Spelling, Trump, Hamburger, Ann Althouse, Trump derangement syndrome, George Conway

Comment Period for Proposed Amendment to Rule 30(b)(6), Others, Closes February 15

By David Hricik 30(b)(6) depositions are part of the toolkit of any competent patent litigator.  The proposed change would, I think, help with some questions about the rule, but leave others unresolved.  The proposed amendment to Rule 30(b)(6) is below, with the proposed new language not in italics: In its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or other entity and must describe with reasona...
Tags: Law, Ethics, David Hricik

Trump Administration Takes Aim At Online Gambling In Sudden Wire Act Reversal

Will the federal government really try to shut down online lotteries, poker, and sports betting in 90 days?
Tags: Law, Government, Sports Betting, Trump Administration, Sports Law, Gambling / Gaming, The Legal Blitz, Wire Act