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By Mason Lawlor | June 5, 2024
"Fearless simply—and flatly— refuses to entertain applications from business owners who aren't "black females," Eleventh Circuit Judge Kevin Newsom said. "If that refusal were deemed sufficiently 'expressive' to warrant protection under the Free Speech Clause, then so would be every act of race discrimination, no matter at whom it was directed."
5 minute read
By John M. Baker and Katherine M. Swenson | June 5, 2024
The U.S. Court of Appeals for the Eighth Circuit recently upheld the grant of summary judgment to an Iowa city and several police officers in their individual capacity in a Section 1983 suit brought by a street preacher who was removed from a festival area but allowed to continue his preaching across the street from the festival's entrance.
6 minute read
By Michael J. Hutter | June 5, 2024
The 2023–2024 term of the Court of Appeals has seen a large uptick in the number of appeals decided by the court as compared to previous terms. This is especially true as to decisions deciding important and significant evidence issues.
13 minute read
By Stephanie Wilkins | June 4, 2024
In a proposal he said "many will reflexively condemn as heresy," Judge Kevin Newsom suggests that those who follow an "ordinary meaning" approach to law should consider how AI-powered LLMs such as ChatGPT can "inform the interpretive analysis."
5 minute read
By Avalon Zoppo | June 4, 2024
"At bottom, American Alliance and its members have shown nothing more than flopping on the field when it comes to establishing an injury in fact," Eleventh Circuit Judge Robin Rosenbaum wrote in dissent.
7 minute read
By Aleeza Furman | June 4, 2024
The ruling was far from a complete loss for the plaintiff, with the court upholding the remainder of the $14.3 million judgment it had won in the case.
4 minute read
By Avalon Zoppo | June 3, 2024
"I thought he [the trial judge] listened to the experts that the defendants [airlines] put forward and assessed their testimony and expressly found they were biased and largely not credible," said First Circuit Judge William Kayatta Jr.
4 minute read
By Emily Cousins | June 3, 2024
The majority ruled that in order to vacate an arbitration award, it must violate public policy. But since the criminal charges against the employee, a university administrator, had been dismissed, it could not dislodge the award.
6 minute read
By Riley Brennan | May 31, 2024
"It is counterintuitive to insist that eliminating the possibility of malpractice suits is the way to incentivize proper representation of a child."
5 minute read
By Riley Brennan | May 31, 2024
In a dispute arising out of nonpayment for 1 million bottles of hand sanitizer to be delivered to Reach's customer, Five Below, the U.S. District Court of Minnesota granted summary judgment for brands in the amount of $89,072.64, and $185,000 for attorney fees for Felicia J. Boyd, a partner and head of IP brands, and Jaime Wing, a senior associate at Norton Rose Fulbright in Minneapolis. The Eighth Circuit reversed the attorney fee award.
5 minute read
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