FEDERAL COURTS
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Ninth Circuit Ruling in Gun Permit Case Elevates Form Over Substance
December 18, 2014
JURIST Guest Columnist Glenn C. Smith of California Western School of Law discusses the Ninth Circuit's denial of intervention in Peruta v. County of San Diego..."You snooze, you lose." At first blush, this maxim seems to capture the essence of the US District Court for the Ninth Circuit's November....... [more]

Federal appeals court overturns inmate sex change order
December 17, 2014
The US Court of Appeals for the First Circuit on Tuesday overturned a lower court ruling that would have granted inmate Michelle Kosilek taxpayer-funded sex-change surgery. The 3-2 decision overruled a 2012 decision by Judge Mark Wolf of the US District Court for the District of Massachusetts. Mich....... [more]

Federal judge rules Obama immigration action unconstitutional
December 16, 2014
A judge for the US District Court for the Western District of Pennsylvania ruled Tuesday that parts of US President Barack Obama's executive action on immigration are unconstitutional. Judge Arthur Schwab found that the president's action exceeds the scope of executive authority: "The court holds th....... [more]

Supreme Court declines to review injunction in Arizona abortion case
December 16, 2014
The US Supreme Court on Monday declined to review an injunction preventing the implementation of Arizona's HB 2306, considered one of the strictest abortion laws in the country. The injunction, upheld in June by the US Court of Appeals for the Ninth Circuit, will remain in effect until a challeng....... [more]

Supreme Court rules on standard for removing case to federal court
December 15, 2014
The US Supreme Court ruled 5-4 Monday in Dart Cherokee Basin Operating Company, LLC v. Owens that a defendant seeking removal to federal court must indicate only a plausible allegation that the amount in controversy exceeds the jurisdictional threshold. The notice need not contain evidentiary submis....... [more]

Ohio officials urge Supreme Court to declare same-sex marriage bans constitutional
December 14, 2014
Ohio Attorney General Mike DeWine and State Solicitor Eric Murphy on Friday issued a asked the US Supreme Court to uphold the US Court of Appeals for the Sixth Circuit decision declaring Ohio's same-sex marriage ban constitutional. The officials cited the judge's opinion that the matter should be le....... [more]

Supreme Court adds 4 cases to docket
December 12, 2014
The US Supreme Court granted certiorari Friday in four cases. In Bullard v. Hyde Park Savings Bank the court will decide whether an order denying confirmation of a bankruptcy plan is appealable. The US Court of Appeals for the First Circuit dismissed the appeal for lack of jurisdiction. In Kimble v....... [more]

Federal appeals court reverses insider trading convictions
December 11, 2014
The US Court of Appeals for the Second Circuit on Wednesday overturned the insider trading convictions of two former hedge fund traders. Defendants Todd Newman and Anthony Chiasson were convicted in May 2013 on charges of "conspiracy to commit insider trading and insider trading in violation of 18 U....... [more]

Supreme Court hears arguments on time limit for suing US government
December 10, 2014
The US Supreme Court heard oral arguments Wednesday in two cases concerning time bars for filing claims against the US government under the Federal Tort Claims Act (FTCA). In United States v. Wong the court heard arguments on whether the six-month time bar for filing suit in federal court under the....... [more]

Supreme Court hears arguments on appeals, railroad tax
December 9, 2014
The US Supreme Court heard oral arguments in two cases Tuesday. In Gelboim v. Bank of America Corporation the court heard arguments on whether and in what circumstances the dismissal of an action that has been consolidated with other suits is immediately appealable. The US Court of Appeals for the S....... [more]

Supreme Court rules on juror testimony
December 9, 2014
The US Supreme Court ruled Tuesday in Warger v. Shauers that a party seeking a new trial may not use one juror's affidavit of what another juror said in deliberations to demonstrate the other juror's dishonesty during voir dire. During voir dire in a personal injury suit, a potential juror pledged t....... [more]




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