U.S. Eleventh Circuit Court of Appeals - Lamonaco v. Experian - arbitration - Labriola v. Miami-Dade - employment, First Amendment - Wood v. Fla DOE - school, transgender, § 1000.071, First Amendment - USA v....more
Immigration. There were many decisions by classes seeking certification of habeas claims related to President Donald Trump’s invocation of the Alien Enemies Act that reached different decisions on whether to certify...more
U.S. Eleventh Circuit Court of Appeals - Scott v. Miami - probable cause - USA v. Ferretiz-Hernandez - immigration, reentry prohibition, constitutionality - Jekyll Island v. Polygroup Macau - personal jurisdiction,...more
As the end of the term seems to be rushing towards us, the U.S. Supreme Court issued six more opinions yesterday, mostly unanimous or near unanimous....more
The Supreme Court of the United States issued six decisions today: Parrish v. United States, No. 24-275: This case addresses the procedural requirements for filing a notice of appeal after the original deadline to appeal...more
U.S. Eleventh Circuit Court of Appeals - Gray TV v. FCC - license, forfeiture, owning top stations in market - Liberty Surplus v. Kaufman - insurance, Fla law, course of construction exclusion, settlement proposal - ...more
The Supreme Court of the United States issued one decision today: Andrew v. White, No. 23-6573: In this case, the Court addressed whether the State violated petitioner Brenda Andrew’s due process rights when, during her...more
U.S. Eleventh Circuit Court of Appeals - Guan v. Ellingsworth Res CA - bankruptcy - Doty v. State - capital case, postconviction relief - Owens v. State - postconviction relief, multiple motions - Davis v. State -...more
U.S. Eleventh Circuit Court of Appeals - N Am Sugar v. Xinjiang Goldwind - personal jurisdiction - Stalley v. Lake CI Warden - § 1983, deliberate indifference...more
U.S. Eleventh Circuit Court of Appeals - USA v. Alhindi - mootness, competency - Florida Supreme Court - Tallahassee - No decisions this week...more
U.S. Eleventh Circuit Court of Appeals - USA v. Armstrong - sentencing - MH v. Omegle.com - online sex trafficking, Marsha’s Law, FOSTA...more
U.S. Eleventh Circuit Court of Appeals - Baxter v. Hendren - appellate jurisdiction, not pursuing claim, § 1983, excessive force, battery...more
U.S. Eleventh Circuit Court of Appeals - Joseph v. Ga Bd of Regents - Title IX, implied right of action, sex discrimination - Project Veritas v. CNN - defamation, Twitter deplatform - USA v. Maisonet - sentencing - ...more
U.S. Eleventh Circuit Court of Appeals - Ga v. Shafer - elections, federal officer removal, pretrial habeas - Ga v. Clark - elections, federal officer removal, special purpose grand jury, federal question - Gemini...more
U.S. Eleventh Circuit Court of Appeals - Siples v. BR Exploration – Daubert, causation testimony, toxic exposure - Lozman v. Riviera Bch – eminent domain, comprehensive plan, ripeness - Hidroelectrica Santa Rita v....more
This week, the New York Court of Appeals rejected a bid for writ of habeas corpus from an unusual petitioner: Happy, a 51-year-old, female Asian elephant, currently living in captivity at the Bronx Zoo....more
As discussed in our recent article, the Virginia General Assembly voted to allow most criminal defendants and civil litigants to have an appeal as of right to the Court of Appeals of Virginia starting on January 1, 2022. This...more
Earlier this year, the Nonhuman Rights Project (“NRP”) filed an appeal to New York’s highest court, arguing for the release of Happy the Elephant from the Bronx Zoo. The basis of NRP’s case, which was rejected by both the...more
Precedential Opinions of Note - Court Remands Habeas Petition for Evidentiary Hearing on Potential Constitutional Violations - BACKGROUND - A jury convicted Defendant of burglary, robbery, and felony-murder. The...more
The Supreme Court of the United States issued four decisions on June 24, 2019: Iancu v. Brunetti, No. 18-302: Respondent Erik Brunetti founded a clothing line that uses as its trademark four letters that though spelled...more
After a five week trial, a San Diego jury convicted Ronald Duane Dunham of multiple crimes, including seven counts of securities fraud. He was sentenced to 12 years in prison. After unsuccessfully appealing his conviction to...more
On January 7, 2019, the United States Court of Appeals for the Second Circuit affirmed — for the second time — the insider trading conviction of Rajat Gupta. Gupta v. United States, No. 15-2707 (2d Cir. Jan. 7, 2019). In a...more
In Illarramendi v. United States, 18-35 (October 16, 2018), the Second Circuit (Walker, Calabresi, Livingston) in a per curiam decision affirmed the denial of a motion for bail pending resolution of the motion to vacate...more
In quite an unusual case, the New York Court of Appeals recently avoided deciding whether chimpanzees can be protected by a writ of habeas corpus, denying a motion for leave to appeal a decision affirming two judgments of a...more
The Supreme Court of the United States issued three decisions yesterday - United States v. Microsoft Corp., No. 17-2: Federal law enforcement agents obtained a warrant under 18 U.S.C. §2703, requiring Microsoft to...more