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(a) This Court assumes, without deciding, that Iqbal's First Amendment claim is actionable in a Bivens action, see Hartman v. Moore, 547 U.S. 250, 254, n. 2, 126 S.Ct. 1695, 164 L.Ed.2d 441. Because vicarious liability is inapplicable to Bivens and § 1983 suits, see, e.g., Monell v. New York... Continue reading
Posted Mar 5, 2020 at Initial Laura Test
On July 7, 1967, petitioner brought suit in Federal District Court. In addition to the allegations above, his complaint asserted that the arrest and search were effected without a warrant, and that unreasonable force was employed in making the arrest; fairly read, it alleges as well that the arrest was... Continue reading
Posted Feb 7, 2020 at Initial Laura Test
Following the September 11, 2001, terrorist attacks, respondent Iqbal, a Pakistani Muslim, was arrested on criminal charges and detained by federal officials under restrictive conditions. Iqbal filed a Bivens action against numerous federal officials, including petitioner Ashcroft, the former Attorney General, and petitioner Mueller, the Director of the Federal Bureau... Continue reading
Posted Feb 7, 2020 at Initial Laura Test
by citing instances of parallel business behavior that suggest an agreement," but emphasized that "while '[c]ircumstantial evidence of consciously parallel behavior may have made heavy inroads into the traditional judicial attitude toward conspiracy[, . . .] "conscious parallelism" has not yet read conspiracy out of the Sherman Act entirely.'" 313... Continue reading
Posted Mar 27, 2019 at Initial Laura Test
The upshot of the 1984 divestiture of the American Telephone & Telegraph Company's (AT&T) local telephone business was a system of regional service monopolies (variously called "Regional Bell Operating Companies," "Baby Bells," or "Incumbent Local Exchange Carriers" (ILECs)), and a separate, competitive market for long-distance service from which the ILECs... Continue reading
Posted Mar 27, 2019 at Initial Laura Test
Souter Michael Kellogg argued the cause for petitioners. Thomas O. Barnett argued the cause for the United States, as amicus curiae, by special leave of court. J. Douglas Richards argued the cause for respondents. Souter, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy,... Continue reading
Posted Mar 27, 2019 at Initial Laura Test
SCALIA, JUSTICE SOUTER, JUSTICE THOMAS, and JUSTICE GINSBURG join this opinion. The question presented in each of these cases is whether an application of the Federal Sentencing Guidelines violated the Sixth Amendment. In each case, the courts below held that binding rules set forth in the Guidelines limited the severity... Continue reading
Posted Mar 25, 2019 at Initial Laura Test
JUSTICE POWELL delivered the opinion of the Court. This case requires that we again consider the standard district courts must apply when deciding whether to grant summary judgment in an antitrust conspiracy case. I Stating the facts of this case is a daunting task. The opinion of the Court of... Continue reading
Posted Mar 25, 2019 at Initial Laura Test
Dragon Intellectual Property, LLC v. Dish Network LLC, No. 17-1327 Question Presented: Whether inter partes review—an adversarial process statutorily created in 2011 and used by the Patent and Trademark Office (PTO) to analyze the validity of existing patents—violates the Constitution by extinguishing private property rights through a non-Article III forum... Continue reading
Posted Mar 16, 2019 at Initial Laura Test
Wyeth LLC v. Rite Aid Corp., No. 17-771 Question Presented: In FTC v. Actavis, Inc., 133 S. Ct. 2223 (2013), this Court held that a patentee who settles an infringement suit by making a “large” and “unexplained” payment to an alleged infringer in exchange for the competitor's agreement to refrain... Continue reading
Posted Mar 16, 2019 at Initial Laura Test
Cole v. Jersey City Medical Center, 215 N.J. 165 (2013). In Cole v. Jersey City Medical Center, 425 N.J. Super. 48 (App. Div. 2012), discussed here, the Appellate Division ruled that defendant, who had litigated this employment discrimination case for 21 months and then, three days before trial, sought to... Continue reading
Posted Mar 14, 2019 at Initial Laura Test
JUSTICE POWELL delivered the opinion of the Court. This case requires that we again consider the standard district courts must apply when deciding whether to grant summary judgment in an antitrust conspiracy case. I Stating the facts of this case is a daunting task. The opinion of the Court of... Continue reading
Posted Mar 14, 2019 at Initial Laura Test
Cole v. Jersey City Medical Center, 215 N.J. 165 (2013). In Cole v. Jersey City Medical Center, 425 N.J. Super. 48 (App. Div. 2012), discussed here, the Appellate Division ruled that defendant, who had litigated this employment discrimination case for 21 months and then, three days before trial, sought to... Continue reading
Posted Mar 14, 2019 at Initial Laura Test
In the Fourth Season of Breaking Bad, Hank asks Walt to help him in the parking lot of a local fast food chicken joint, Los Pollos Hermanos. He tells Walt to put a GPS tracker on Gus Fring’s Volvo because Hank believes that Gus is a major distributor for the... Continue reading
Posted Mar 14, 2019 at Initial Laura Test
Under Texas law, doctor’s opinions regarding causation of injuries or diseases are subject to the rules regarding reliability of expert opinions set forth in the Texas Supreme Court case, E.I. duPont & Co. v. Robinson, 923 S.W.2d 549 (Tex. 1995). Any doubt about this was put to rest by the... Continue reading
Posted Mar 14, 2019 at Initial Laura Test
Overview Last week, the U.S. Supreme Court, in South Dakota v. Wayfair, Inc., No. 17-494, 2018 U.S. LEXIS 3835 (U.S. Sup. Ct. Jun. 21, 2018), handed South Dakota a narrow 5-4 win in its quest to collect taxes from online sales. The Court held that the Constitution’s Commerce Clause did... Continue reading
Posted Mar 14, 2019 at Initial Laura Test
As reported in this press release, "Michigan Attorney General Dana Nessel filed amicus briefs in the Michigan Supreme Court [Friday, Feb 8] in Michigan v Snyder (Case number 153696) and People v Betts (Case number 148981), arguing that Michigan’s sex offender registration and notification requirements are punishment because they are... Continue reading
Posted Mar 14, 2019 at Initial Laura Test
Dissent. Rehnquist, C.J. : This case should be decided consistent with my dissent in Thomas. The law at issue does not make religious practice unlawful, but merely indirectly burden religious exercise. Striking down such a law interferes with the operation of the legislature. Plaintiff was not denied benefits specifically because... Continue reading
Posted Mar 14, 2019 at Initial Laura Test
This opinion represents a painstaking exercise in statutory interpretation and the panel undoubtedly reached the correct conclusion that, based on the elements of attempted robbery under New York law, Pereira-Gomez’s 1997 offense constitutes a “crime of violence” as it is defined in the 2014 Sentencing Guidelines. It is worth remembering... Continue reading
Posted Mar 13, 2019 at Initial Laura Test
[8] Main, supra note 2, at 524. [9] NAT’L CTR. FOR STATE COURTS, THE LANDSCAPE OF CIVIL LITIGATION IN STATE COURTS, iii (2015), http://ncsc.org/media/files/PDF/Research/CivilJusticeReport-2015.ashx. [10]While the language of FED. R. CIV. P. 8(a) still requires “a short and plain statement of the claim,” the Supreme Court’s rulings in Iqbal and... Continue reading
Posted Mar 13, 2019 at Initial Laura Test
In the Kansas case, Brown v. Board of Education, the plaintiffs are Negro children of elementary school age residing in Topeka. They brought this action in the United States District Court for the District of Kansas to enjoin enforcement of a Kansas statute which permits, but does not require, cities... Continue reading
Posted Mar 12, 2019 at Initial Laura Test
alleged a false advertising claim under ICFA or is simply attempting to cloak a claim for lack of substantiation in the language of falsity where the advertisements at issue do not include any such establishment or substantiation claim. The plaintiff in Spector is appealing the decision to the Seventh Circuit.... Continue reading
Posted Mar 12, 2019 at Initial Laura Test
As an initial matter, the Hornbeam court determined that the language of section 13(b) “creates a precondition to the FTC’s statutory authorization to bring suit . . . .” such that the FTC “may only sue when it has a ‘reason to believe’ that a violation of law is occurring... Continue reading
Posted Mar 9, 2019 at Initial Laura Test
On March 20, 2018, the Supreme Court unanimously ruled in Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15-1439, that securities plaintiffs could bring class actions under the Securities Act of 1933 (“Securities Act”) in state courts.[1] This decision resolves a split among several state and federal courts as... Continue reading
Posted Mar 9, 2019 at Initial Laura Test
On January 16, 2019, the Southern District of California dismissed a Telephone Consumer Protection Act (TCPA) claim against Lyft because the plaintiff failed to support the automatic telephone dialing system (ATDS) element of his claim. Like many similar TCPA plaintiffs, the plaintiff in Bodie v. Lyft, No. 3:16-cv-02558-L-NLS (S.D. Cal.)sought... Continue reading
Posted Mar 9, 2019 at Initial Laura Test