By Adolfo Pesquera | February 9, 2023
"If there is any hole in the evidence here, it is the state's doing by denying her the basic service of preserving the evidence," Holt M. Lackey wrote.
By Mason Lawlor | February 9, 2023
"Here, the BOLO for an aggressive driver in a gray passenger vehicle traveling on Mulberry Rock Road with an orange out-of-state tag was, without more information, too generalized to warrant a traffic stop because '[t]his description would cover a staggering number of vehicles and drivers in the State of Georgia' and cannot create a reasonable suspicion to stop the vehicle,"' Court of Appeals Judge Ben Land wrote.
By Marianna Wharry | February 9, 2023
The Washington State Supreme Court explored the meaning of "counsel" as opposed to "effective counsel" for the first time when it considered if an…
By Jason Grant | February 9, 2023
The inmate has "stated a plausible claim for relief by arguing that his use of the anticonvulsant drug gabapentin for back pain would make his brain less responsive, or possibly unresponsive, to a drug used by Georgia for lethal injections," wrote a three-judge circuit court panel.
By Adolfo Pesquera | February 8, 2023
"This is the mother of all pre-enforcement actions, is it not? We're almost close to the taxpayer suit challenging whatever Congress does that the taxpayer doesn't like," Judge Cory T. Wilson said.
By Jane Wester | February 8, 2023
Asking the U.S. Supreme Court to take up the case, attorneys William Brewer and Eugene Volokh argued that a Second Circuit opinion "gives state officials free rein to financially blacklist their political opponents."
By Avalon Zoppo | February 8, 2023
"You each gave us I think four law review articles not from historians. … And we have 20 minutes to ask you questions and [the lower court judge] didn't have a chance to ask a single question," Judge Higginson said.
By Brad Kutner | February 8, 2023
"Not only have plaintiffs shown a likelihood of success, 'it is difficult to imagine them losing,'" wrote Circuit Judge Toby Heytens.
New York Law Journal | Expert Opinion
By Scott Mollen | February 7, 2023
Scott Mollen discusses "SEZ Foster LLC v. City of New York," where the court held that City of New York is not precluded from arbitrating land's fair market value, and "Potanovic v. Town of Stony Point," where the court dismissed a Section 1983 action alleging that the town violated First Amendment free speech rights, by omitting the public input part of town board meetings from Facebook live.
By Avalon Zoppo | Brad Kutner | February 7, 2023
Latham & Watkins, Troutman Pepper, Skadden and Dechert are among the major law firms that have authored amicus briefs for the test of executive authority in granting loan relief.
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