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“CourtRules for Retired 7th Circuit Judge Posner in Breach-of-Contract Case; The lawsuit alleged unjust enrichment and breach of contract, accusing Posner — who served on the U.S. District Court for the Northern District of Indiana issued yesterday.
“Indiana Supreme Courtrules for man who spent years battling state for his Land Rover”: Johnny Magdaleno of The Indianapolis Star has this report. And Tom Davies of The Associated Press reports that “ Indianacourt nixes Land Rover seizure over $400 drug deal.”
The US Court of Appeals for the Seventh Circuit on Monday denied a motion for an injunction pending appeal upholding the lower court’s own denial of a motion for preliminary injunction against Indiana University’s mandate that all students get the COVID-19 vaccine before returning to campus in the fall.
IndianaCourt of Appeals sided with Indiana Governor Eric Holcomb on Tuesday allowing him to withdraw the state from the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act benefits program. The trial courtruled in the plaintiffs’ favor and ordered the state to continue its participation in the program.
had sued FDA, HHS, the FDA Commissioner, and the Secretary of Health and Human Services last year, alleging that the LDT Rule conflicted with the text, history, and structure of the Federal Food, Drug, and Cosmetic Act (FDCA) and the Clinical Laboratories Improvement Amendments (CLIA).
“Nativity scene OK in front of Jackson County Courthouse, federal appeals courtrules”: Johnny Magdaleno of The Indianapolis Star has this report. Justine Coleman of The Hill reports that “ CourtrulesIndiana courthouse can display nativity scene.”
Six states in the US allow for trials before six or eight-person juries in felony cases: Arizona, Connecticut, Florida, Indiana, Massachusetts and Utah. This deviation from the standard 12-person jury was permitted by the 1970 US Supreme Courtruling in Williams v.
The court ordered additional briefings, but the lawyer then missed multiple deadlines, claiming earlier orders were lost among numerous notifications on his mobile phone. The Solution: Integrated CourtRules. Today law firms have multiple options for automated rules and calendar management.
The state attorneys generals of Arkansas, Iowa, Kansas, Missouri, Nebraska and South Carolina alleged in a federal Missouri court that Biden’s federal student loan forgiveness plan is unauthorized and poses economic harm to working class individuals. Both lawsuits ask the court to immediately halt implementation of the plan.
Indiana University can continue its policy mandating that students get a COVID-19 vaccine before the fall term while a group of students appeals a federal district courtruling upholding the requirement through the litigation process, the Seventh Circuit said Monday.
In 1976, the Supreme Courtruled in Estelle v. In recent months, prison uprisings in California, Missouri and Indiana have drawn attention to the medical neglect, abusive guards and prolonged isolation that pervades prisons.
The North Carolina Court of Appeals issued a ruling Tuesday that a man should not lose his parental rights because of strict parole conditions imposed by another state. In 2014, the father, who is not named in the opinion, was convicted of two felonies involving sexual conduct with a 14-year-old in Indiana.
Two lower courtsruled against them, prompting the workers to seek emergency relief at the Supreme Court last week. ” The court has turned away other emergency challenges to COVID vaccine mandates recently. Refusing to grant religious exemptions, he wrote, “borders on the irrational.”
The case before the Court involves James Snyder, who is the former mayor of Portage, Indiana. The post Supreme CourtRules Bribery Statute Doesn’t Criminalize Gratuities for Past Acts appeared first on Constitutional Law Reporter. The bribery statute for federal officials, §201(b), uses the term ‘corruptly.’
The Supreme Court agreed on Monday to hear an appeal to expand gun rights in the United States in a New York case over the right to carry a firearm in public for self-defense, marking the court’s first foray into gun rights since Justice Amy Coney Barrett came on board in October, making a 6-3 conservative majority, reports the Chicago Tribune.
The Supreme Courtruled on 145 matters at yesterday’s conference , but none of those rulings was a straight grant. Here are some highlights. Another f orum selection grant-and-hold Hardy v. Forest River, Inc. is another grant-and-hold for EpicentRx, Inc.
Any day declared a holiday by the President or Congress, such as the recent National Day of Mourning for former President Jimmy Carter, is considered a Legal Holiday for the purpose of computing time in the federal court filings. And, as weve detailed in other blog articles, federal rules and local rules can differ widely.
subdivision (c) and rule 8.392(b) of the California Rules of Court, or whether the matter should be remanded to the superior court so it may in the first instance decide whether the petition or its claims are successive under section 1509, subdivision (d), and if so whether to issue a certificate of appealability under section 1509.1,
In one widely publicized case , a young girl, a victim of sexual assault, had to travel to Indiana for care, fuelling local support for enshrining reproductive rights in Ohio’s constitution. Attorney General Dave Yost acknowledged in court filings that the amendment rendered the ban unconstitutional but has indicated plans to appeal.
The US Court of Appeals for the Seventh Circuit Monday reversed a preliminary injunction previously implemented to bar the enforcement of an Indiana law requiring fetal remains to be either buried or cremated by clinics that provide abortion. The plaintiffs contend that the mandate violates the First Amendment of the US Constitution.
On Thursday, the IndianaCourt of Appeals largely affirmed an injunction the trial court had placed on the state’s near-total abortion ban. The Court of Appeals ruling will send the lawsuit back to the trial court to narrow the effect of the trial court injunction. The vote was unanimous.
The US Supreme Court refused to hear a case Monday that sought to reverse a lower courtruling allowing same-sex couples to be listed as birth parents on a child’s birth certificate. Hendersen , was appealed from the US Court of Appeals for the Seventh Circuit. The case, Box v.
The US Court of Appeals for the Fifth Circuit Monday affirmed a preliminary injunction from the District Court for the Western District of Louisiana blocking the White House’s COVID-19 vaccine mandate for federal contractors. The ruling results from a 2-1 decision from the three-judge panel.
Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Friday morning read: Indiana asks Supreme Court to speed process so state can put its strict abortion law into effect (Ariane de Vogue, CNN). Farah, E&E News).
Shortly after the justices denied his appeal, Bourgeois was put to death by lethal injection at the federal prison in Terre Haute, Indiana. The Supreme Courtruled in 2002 in Atkins v. Court of Appeals for the 7th Circuit reinstated his execution in October. He was pronounced dead at 8:21 p.m. A panel of the U.S.
police departments is behind an “aggressive” effort to prevent changes in use-of-force standards, according to a forthcoming paper in the Indiana Law Journal. By rejecting policies like de-escalation and rules prohibiting chokeholds?strategies A little-known private consulting firm that drafts policies for thousands of U.S.
.” The health care workers can refile if circumstances change or if the appellate courtrules against them. They also can refile if the lower court has not reached a decision by Oct. He cited the Supreme Court’s 1905 ruling in Jacobson v. 29, when the vaccine requirement is scheduled to go into effect.
San Francisco Regional Director Jill Coffman declared that the company is violating the rights of workers in 10 different states (Massachusetts, New Hampshire, Pennsylvania, New Jersey, Virginia, Maryland, Georgia, Washington, Indiana, and California). In her consolidated complaint against Whole Foods Market, Inc.,
Arizona he asks the Supreme Court to overrule a 1970 precedent holding that states can use juries as small as six jurors to try defendants for felonies. Currently, six states provide for criminal juries of six or eight jurors: Arizona, Connecticut, Florida, Indiana, Massachusetts, and Utah.
There is an interesting lawsuit out of Indiana where Indianapolis Metro Police Department Officer De’Joure Mercer is suing the National Football League (NFL) for defamation after the NFL claimed that his shooting of an African American man was due to “systemic racism.” Screenshot from federal complaint.
In one exchange, Harpster told Lewis that he had spent two hours on the phone with some officers and a prosecutor in Indiana. But when prosecutors cross the line and intentionally circumvent courtrules for evidence standards, he said, that’s cause for concern. Riley said again and again that he thought his brother was dead.
Even as Americans anticipate a Supreme Courtruling striking down Roe v. We can expect things to get worse if the Courtrules as t he leak this week suggested it will. Supreme Court strikes down Roe v. In Indiana, in 2015, Purvi Patel was sentenced to 20 years in prison for feticide. If the U.S.
(Jess Bravin, The Wall Street Journal) The ‘Sleeping Giant’ Case that Could Upend Jack Smith’s Prosecution of Trump (Kimberly Wehle, Politico) Maine judge delays Trump ballot decision until Supreme Courtruling (Patrick Marley, The Washington Post) Supreme Court lets win stand for trans student in Indiana bathroom ban case (Chris Geidner, Law Dork) (..)
Diego Morales, the Indiana Secretary of State supporting the petitioner, emphasized that he believed that “the American people should choose who their next leader is, not the court.” If somebody is powerful, if somebody is popular, then we don’t have rule of law anymore.”
Under the Endangered Species Act, the court vacated the FWS’s biological opinion because the incidental take statement lacked “the requisite specificity of mitigation measures for the polar bear” and because the take finding for the polar bear was arbitrary and capricious. Mayor & City Council of Baltimore v. BP p.l.c. , BP p.l.c. ,
The courtruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” particularly those with ravenous monkeys.
Since 2005, “appellate courts have shown an increasing tendency to grant immunity in excessive force cases,” according to a Reuters investigation. Appellate courtsruled in favor of police receiving qualified immunity in 57% of reviewed cases involving allegations of excessive use of force between 2017 and 2019, the report showed.
In early November, the district courtruled that UNC’s use of race in admissions was consistent with Supreme Court precedents. The non-profit has now also filed a petition in a challenge to the University of North Carolina that it hopes can serve as a companion to the Harvard case. The case is Does v.
The issue was a technical one: whether the government was permitted to administer Higgs’ execution in accordance with the law of Indiana, even though Higgs was convicted in Maryland and his sentencing order did not specify that he could be executed under Indiana law. Procedurally, the court’sruling was highly unusual.
The Supreme Court has repeatedly rejected such liability despite the use of inflammatory or even violent words. Ohio , the Supreme Courtruled that even a Ku Klux Klan leader calling for violence is protected under the First Amendment unless there is a threat of “ imminent lawless action and is likely to incite or produce such action.”
In 2011, the courtruled 8-1 in favor of Westboro Baptist Church, an infamous group of zealots who engaged in homophobic protests at the funerals of slain American troops. The Supreme Court still overturned the conviction. The court has consistently rejected these types of arguments as a threat to free speech in our society.
They knew that a court would throw out such an indictment and, even if they could find a willing judge, any conviction would be thrown out on appeal. The Supreme Court nevertheless overturned his conviction. In Brandenburg v. Likewise, in Hess v.
Ohio, the Supreme Courtruled in 1969 that even calling for violence is protected under the First Amendment unless there is a threat of “ imminent lawless action and is likely to incite or produce such action.”. The Supreme Court still overturned the conviction. The reason is that while the crime is not clear, the case law is.
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