By Alexa Woronowicz | September 29, 2017
The district court erred in granting plaintiff's motion for summary judgment in her §1983 action where the record failed to demonstrate that state actors were responsible for her dismissal from a nursing program jointly operated by a private hospital and a public university. The court reversed and remanded for the entry of judgment for defendants.
By Alexa Woronowicz | September 29, 2017
Trial court properly denied appellant's assertion that 'Birchfield v. North Dakota', 136, S.CT. 2160, made Pennsylvania's implied consent law unconstitutional and a violation of the Fourth Amendment because that case applied to a criminal penalty, not a civil one, and the implied consent law did not impose an unconstitutional condition on driving privileges. Affirmed.
By Alexa Woronowicz | September 29, 2017
Court granted pipeline company's motions for summary judgment and preliminary injunction in action for the taking of property for the construction of an interstate natural gas pipeline because FERC had issued a certificate of public convenience, landowners' due process challenges were attacks on the FERC order disguised as constitutional claims, the court lacked jurisdiction to address a challenge to the FERC order, the filing of a request for a rehearing did not operate as a stay of a certificate order, due process did not require an in-person evidentiary hearing, and the FERC order was not a "conditional order" because the NGA did not contain a requirement that the holder of a FERC certificate satisfy all conditions of the certificate prior to the exercise of eminent domain. Motions granted.
By R. Robin McDonald | September 29, 2017
A federal judge in Atlanta has refused to dismiss a lawsuit by a Roswell police officer fired for flying a Confederate flag in her front yard…
By R. Robin McDonald | September 28, 2017
A federal judge in Atlanta has refused to dismiss a lawsuit by a Roswell police officer fired for flying a Confederate flag in her front yard while parking a marked police vehicle in her driveway.
By Robert Storace | September 28, 2017
The hearing focused on a September 2016 ruling that said the state's funding formula is "irrational and unconstitutional" because it benefits suburban schools over their urban peers.
By Cogan Schneier | September 28, 2017
The motion asks the court to either quash the warrants or appoint a "special master" to review the information on the accounts before it's handed over to federal prosecutors.
By Cogan Schneier | Texas Lawyer | September 27, 2017
President Donald Trump cannot use his presidential authority to pardon himself, a Yale law professor told lawmakers Tuesday.
By Jenna Greene | September 26, 2017
Count irony as one of the (many) casualties of the Trump administration. How else to explain the oh-so-earnest speech Attorney General Jeff Sessions gave Tuesday at Georgetown Law School on “The Importance of Free Speech”?
By Jonathan Ringel | September 26, 2017
"This is a tax case. Fear not, keep reading." So began the first published opinion of Judge Kevin Newsom of the U.S. Court of Appeals for the Eleventh Circuit, who was confirmed by the U.S. Senate last month.
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