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Share The Supreme Court on Wednesday rejected a request from a Kentucky utility company to temporarily block an Environmental Protection Agency rule governing the disposal of coal ash while a challenge to it moves forward in the U.S. Court of Appeals for the District of Columbia Circuit.
We were curious as to the status of online court help to the self-represented litigants as a good 2021 year-end wrapup article for the CTB? Colorado courts have a dedicated page for "Efiling for Non-Attorneys" at: [link] There are links to forms and video/written tutorials listed. We share what we found below.
A Kentucky judge has ruled that a lawsuit demanding the University of Kentucky refund students who were forced to leave campus amidst the coronavirus pandemic can proceed. The Wednesday decision was enacted by Franklin County Circuit Court Judge Philip Shepherd.
Ben Carter , senior litigation and advocacy counsel, Kentucky Equal Justice Center. Court (Tuesday, Nov. Justice Deno Himonas , Utah Supreme Court. Judge Clemens Landau , presiding judge, Salt Lake City Justice Court. David Slayton , vice president of court consulting services, National Center for State Courts.
Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Litigants in federal courts may unwittingly find themselves in a “finality trap,” a tricky procedural scenario in which they are unable to appeal some of their claims.
For litigants embroiled in cross-border litigation, the anti-suit injunction has become a staple in the conflict of laws arsenal of common law courts. This was the scenario facing the New Zealand High Court in the recent case of Kea Investments Ltd v Wikeley Family Trustee Limited [2022] NZHC 2881.
Court of Appeals for the 4th Circuit eventually affirmed the district court’s denial of the legislators’ attempt on the ground that the state attorney general was adequately defending the law. Federal law curtails the extent to which a federal court can consider arguments that a prisoner has not presented in state court.
At the other end of the spectrum, New Jersey and Pennsylvania provide no homestead exemptions, while Virginia and Kentucky allow just $5,000. Another is that it would turn any existing court judgment into a lien on a person’s home, automatically and retroactively. Morris Institute of Justice, in a commentary.
A Kentucky federal court's surprising denial of preliminary approval for a $5 million settlement in the Papa John's no-poach case may prove to be an outlier but suggests a class action settlement would only be approved when a plaintiff demonstrates that a litigation class would be certified, say attorneys at Robins Kaplan.
However, from the time digital evidence is gathered until it is presented in court, many variables can disrupt the traditional approach. For any case centered around digital evidence—whether it’s private litigation or a criminal investigation—attorneys should consult with digital forensic examiners at every stage. A Better Approach.
Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. in the Superior Court of California, County of San Diego, alleged negligence and assault. However, Superior Court Judge Katherine Bacal granted a motion to dismiss based on assumption of the risk. Again, the court agreed.
Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A federal district court in Missouri ruled that Molina and Vogel’s claims could go to a jury, rejecting the officers’ argument that they were entitled to qualified immunity. They sought shelter beside a neighbor’s home.
Ben Carter , senior litigation and advocacy counsel, Kentucky Equal Justice Center. Court (Tuesday, Nov. Justice Deno Himonas , Utah Supreme Court. Judge Clemens Landau , presiding judge, Salt Lake City Justice Court. David Slayton , vice president of court consulting services, National Center for State Courts.
The Tennessee Court of Appeals recently ruled that public policy did not prevent an insurance company from bringing a legal malpractice claim against its insured’s attorney as the subrogee of the insured. A truck driver’s Kentucky-based employer hired Brands to perform a driver history report before hiring the driver.
Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. in the Superior Court of California, County of San Diego, alleged negligence and assault. However, Superior Court Judge Katherine Bacal granted a motion to dismiss based on assumption of the risk. Again, the court agreed.
Chao was a patent attorney and patent litigator for 20 years before becoming a professor and I have long valued his insight. Judge Alan Albright’s court in the Western District of Texas is rapidly becoming the latest hot spot for patent litigation. Moreover, individual court rules are now requiring greater transparency.
The saga of the OSHA ETS litigation has (nearly) come to an end. The DOJ informed the Sixth Circuit that, “[a]fter evaluating the Court’s decision, OSHA decided to withdraw the Vaccination and Testing ETS as an enforceable emergency temporary standard.” OSHA’s decision to withdraw the ETS is not surprising.
Jim was an exceptional litigator, a great teacher and an inspiration to all of us in the firm. Searle, which had a particular need for Jim’s litigation and broad FDA regulatory experience. Jim was a great competitor in all aspects of life, from the courtroom to the squash court, the golf course and even the card table.
It will use a $172,743 grant to create a text-based communication system to assist domestic violence survivors by enabling parents who are under court restrictions to securely communicate parenting time exchanges. Kansas Legal Services is receiving two grants.
Thus, the NCAA has a strong incentive to put on a full court press to prevent non-licensees from associating their goods and services with the NCAA tournament through unauthorized use of its trademarks. The short answer is through litigation and negotiations over a period of many years. Activities that May Result in a Whistle.
As we wrote here in early January, GMR and RMLC entered into a conditional settlement to end their long-running court battle over music royalty rates, but enough radio stations had to agree to the licensing terms set by GMR before the settlement would become effective.
Several months ago, a trademark infringement action was filed against Kentucky Fried Chicken for using “Para chuparse los dedos” on the basis that it is the Spanish-language translation of “Finger Lickin’ Good.” Many companies translate their marks into Spanish for purposes of marketing to the Hispanic community. Clearing Advertising Copy.
Less than a week ago, the National Collegiate Athletic Association filed a trademark infringement action in federal court against a company that runs an online sports-themed promotions and contests under the marks “April Madness” and “Final 3.” The short answer is through litigation and negotiations over a period of many years.
Judge David Bunning of the District Court for the Eastern District of Kentucky ruled Friday that former Rowan County Clerk Kim Davis violated the constitutional rights of same-sex couples when she denied them marriage licenses during the summer of 2015. She also argued that, under the First Amendment, she was immune to litigation.
It will use a $172,743 grant to create a text-based communication system to assist domestic violence survivors by enabling parents who are under court restrictions to securely communicate parenting time exchanges. Kansas Legal Services is receiving two grants.
In May 2018, the Court awarded attorneys’ fees in the amount of $220,998.05. Thus, the NCAA has a strong incentive to put on a full court press to prevent non-licensees from associating their goods and services with the NCAA tournament through unauthorized use of its trademarks. The case was settled.).
In a list of orders from the justices’ private conference last week, the court agreed to tackle issues ranging from the burden of proof for an employer hoping to rely on an exemption from the Fair Labor Standards Act to the pleading standards for cases under the Private Securities Litigation Reform Act. After the U.S.
Four years ago, the Supreme Court declined a federal habeas petitioner’s request to review the Sixth Circuit’s decision in Avery v. Justice Kavanaugh, the Sixth Circuit’s assigned circuit justice, attached a “ statement ” to the Supreme Court’s cert. But the Court turned it away. See In re Nat’l Prescription Opiate Litig. ,
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. With just a few weeks left before the Supreme Court’s summer recess, and with only the October and November argument sittings filled, the court has switched into high gear. Court of Appeals for the D.C.
There is an interesting fight brewing in Kentucky between Attorney General Daniel Cameron and Gov. Beshear has correctly cited a major victory recently before the Kentucky Supreme Court — an unanimous decision in favor of his authority to issue pandemic orders. Andy Beshear. In Beshear v.
Others were smaller but still consequential: sitting behind separate screens, clients and attorneys could no longer whisper to one another — a loss that Howard ‘Rex’ Dimmig , the public defender for the 10th Judicial Circuit of Florida, said conveys the disadvantages of virtual court proceedings. The (In)accessibility of Online Court.
The Circuit Court of Monroe County, Indiana, Thursday temporarily blocked the state’s abortion ban, SB 1. The court found that plaintiffs are likely to succeed in litigation on their claim that SB 1 violates Article 1, Section 1 of the Indiana Constution , which declares liberty as an inalienable right of all Hoosiers.
Supreme Court held that the U.S. Court of Appeals for the 6th Circuit erred in denying the Kentucky attorney general’s motion to intervene on the commonwealth’s behalf in litigation concerning Kentucky House Bill 454, the state’s controversial abortion law. Supreme Court’s Decision. In Cameron v.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. With just a few weeks left before the Supreme Court’s summer recess, we’re entering the busiest phase of the year for relists. The court granted review in two cases on Monday: one-time relist Facebook v.
Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. An Oregon-based timber company went to federal court in Oregon to challenge the monument’s expansion. The Oregon district court rejected the timber company’s challenge. But the D.C. On appeal, the U.S.
Supreme Court, requires that prisons, jails, and detention centers provide medical and mental health care and protect incarcerated people from serious physical and psychological harm. People in solitary confinement, forced outdoors, coerced to work, and in transit to court or prison may be at increased risk, as well.
Supreme Court will return to the bench on October 4, 2021, and conduct oral arguments in person for the first time since March 2020. New York: A litigant’s argumentation or introduction of evidence at trial is often deemed to “open the door” to the admission of responsive evidence that would otherwise be barred by the rules of evidence.
Jackson Women’s Health Organization , a newly filed action in Kentucky may be one of the most creative. Kentucky defines “an unborn child” as beginning when an egg is fertilized and abortion is prohibited once fetal cardiac activity is detected at roughly six weeks. The law is not a model of legislative drafting.
And, if you fail to address corpus linguistics in your brief, you may receive a letter from the court requesting you to submit supplemental briefing correcting the omission. In dispute were the district court’s reading of the first two elements. Bonta , which involved the Second Amendment. 20-56174, 2022 U.S. LEXIS 12657, at *16 n.6
There is a potentially important lawsuit pending in Kentucky on academic freedom and free speech. What is interesting is the latest skirmish in the litigation. You simply declare that conservative views shared by a majority of the Supreme Court and roughly half of the population are not acceptable to be taught.
As the Supreme Court winds down for the holiday break, one thing that has not slowed is the flow of litigation arising from the COVID-19 pandemic. The court has not granted relief in any of those cases. The Supreme Court agreed with the diocese and issued an injunction to block Cuomo’s order.
We’d all been working for over a year on a contract that would make it possible, someday in the future, for everyone to have free and open access to all the official court decisions ever published in the United States. state and federal court decisions representing the bulk of our nation’s common law. Why Even Do This Project?
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Justice Samuel Alito has spoken of the importance of safeguarding the free exercise of religion , and recently , free exercise questions have been a particular focus of the Supreme Court.
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