[1.] Here’s the text of an exam question (worth 1 point out of 50) administered in Prof. Jason Kilborn’s civil procedure class at University of Illinois Chicago John Marshall Law School: After she was fired from her job, Plaintiff sued Employer under federal civil rights law, claiming employment discrimination on the basis of her race […]
Under Washington law, executive officials can be recalled if enough voters petition, and then if a majority of voters so vote. But there has to be some allegation of “some act or acts of malfeasance or misfeasance while in office, or … violat[ion of] his oath of office,” and courts can reject recall grounds if […]
So held the Colorado Court of Appeals in In re Marriage of Crouch (opinion by Judge Pawar, joined by Judges J. Jones and Berger): In Colorado, parents can elect not to vaccinate their children. But what happens when parents divorce and one parent later has a change of heart about vaccinating the children, while the […]
The San Jose Mercury News (Lisa M. Krieger) has the story, and Bloomberg has the detailed data: Through the icy hollows of West Virginia, members of the Army National Guard are driving precious doses of COVID-19 vaccines to the state’s independent pharmacies. So far six of every 100 residents have received the vaccine, making this […]
So holds Judge Gregory H. Woods (S.D.N.Y.), I think correctly, in Zabolotsky v. Experian (decided Tuesday): On December 4, 2020, Plaintiff emailed the Court requesting that this case be sealed. The email was not styled as a motion, but the Court construes the submission as a motion to seal because “[t]he submissions of a pro […]
In Frese v. MacDonald, the ACLU of New Hampshire is challenging New Hampshire’s criminal libel statute, which provides, A person is guilty of a class B misdemeanor [punishable by a fine of up to about $1500] if he purposely communicates to any person, orally or in writing, any information which he knows to be false and […]
In Rupp v. Courier-Journal, Inc., decided yesterday by the Sixth Circuit (opinion by Judge Eugene Siler joined by Judges Eric Clay and Richard Griffin), the Louisville Courier-Journal published these articles: This led to a trademark lawsuit by Alan Rupp, who “owns DERBY-PIE®, a federal trademark for a ‘well-known chocolate nut pie’”; but the Sixth Circuit […]
This is a new op-ed of mine in the N.Y. Times tonight (note that, as usual, the headline and the subhead were written by the editors, not by me). An excerpt: Recall the Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission, which held that corporations and unions have the First Amendment right to speak […]
