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May 27, 2021
May 10, 2021, in SEC v. Morrone, a panel of the U.S. Court of Appeals for the First Circuit held that the federal securities laws apply to securities transactions as long as irrevocable liability occurs in the United States.
April 12, 2021
In a recent landmark ruling, the Eleventh Circuit Court of Appeals has held that websites are not places of public accommodation within the meaning of Title III of the Americans with...
February 24, 2021
Wednesday, February 24, 2021 On February 22, 2021, the United States Supreme Court declined to review two False Claims Act (FCA) cases, solidifying a split that pits the Eleventh Circuit against the Third and Ninth Circuits as to whether a disagreement over a physician’s clinical judgment can serve as a basis for establishing “falsity” under the FCA. Specifically, the Eleventh, Third and Ninth Circuits have each rendered decisions about the need to demonstrate objective falsity...
January 20, 2021
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January 15, 2021
Friday, January 15, 2021 Today, the Supreme Court resolved a circuit split regarding whether a creditor’s post-petition refusal to turnover bankruptcy estate property that it repossessed or impounded prepetition violates the automatic stay. The Supreme Court ruled in favor of the creditor and decided that it did not violate the automatic stay. The issue in In re Fulton, 926 F.3d 916 (7th Cir. 2019), involved Chicago’s refusal to return vehicles that had been legally impoun...
December 16, 2019
This is where we hear the big abortion cases. they only get there -- my concern and this is working out his appointees of younger than obama appointees. this is how you get to the supreme court, a circuit split. if we have a lot of conservatives in those appellate courts, maybe well not have a split. # 7,000 or so, actually -- the appellate court called the policymaking courts because they really decide what the law is. >> you are right. we dont cover as much. >> lets talk about the vacancies. a...
September 13, 2019
Are competing with other businesses, because they want to curry favor with the president and the president benefits financially and they say that violates the constitutions emoluments clause, an obscure part of the constitution that no one ever talked about until donald trump became president. it goes back to the district court now and this is just the opposite of the conclusion that was reached by other courts that have looked at the same question, that these groups dont have standing. so if th...
September 7, 2018
Court issued its historic ruling. lisa, so nice to see you in person. ive watched this film two ti s times. working with this justice, you lucky woman. >> i was extremely lucky. >> twhafs that liwhat was that ? >> she had been a hero of mine personally having worked at the aclu on womens rights and reproductive freedom. so it is a thrill to get to work with her. and then professionally, it is one of the most awesome experiences because the supreme court gets the most challenging and often contro...
August 9, 2018
The supreme court. your take on this as you know the facts to be? >> theres plainly a circuit split between the fifth circuit and the ninth circuit as you say. the ninth circuit erred and recognized and applied right of action for damages for alleged constitutional violations by a border patrol agent for a number of reasons. first and foremost of which is that it interferes with the political branchs jurisdiction of not only the national security, but also the foreign relations of the united sta...
August 9, 2018
Murder and now they are just beating a dead horse and they want to go after him and they want to make sure -- if somebody has got to be guilty. at the reality is, where are the guilty people? its the drug dealers that are on the mexican side. if the drug dealers that were bringing drugs into our country. thats where they need to look for guilt. >> laura: but they are retrying the border agent. they are retrying the border agent for i guess its manslaughter. art, i want to go to you on this. ther...