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The Latest Breaking News from the District Court

Montana Supreme Court Recognizes State Constitutional Right to a "Stable Climate System"

A state Supreme Court gives environmental activists an important symbolic victory that will not do much of anything to mitigate the threat of climate change.

Reason

Making Sense of the 7-1-1-8 Split in Environment Texas Citizen Lobby v. ExxonMobile

Does a judge have an obligation to render a judgment to ensure that the court renders a judgment?

Reason

Barrister remains banned from law over 'reckless' debts

A judge found a barrister with 33 years of experience was "not a fit and proper person" to practise law in part over debts and unpaid taxes totalling $640,000.

AAP

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Recent Political Candidate Is Public Figure for Libel Law Purposes

The allegedly libelous claims about the candidate were made three months after he lost the election; a Magistrate Judge had held the candidate was no longer a public figure, but the District Court disagreed.

Reason

New Eleventh Circuit Amicus Brief In Special Counsel Appeal

"The District Court correctly dismissed the indictment. Amici advance four rationales to support the judgment below."

Reason

Court Upholds Conviction for Threatening Attack on the FBI

From Friday's U.S. v. Miah, decided by Judge Felipe Restrepo, joined by Chief Judge Michael Chagares and Judge Arianna Freeman: In September 2020, FBI Special Agent Nick Edquist and an officer from the Joint Terrorism Task force went to Miah's apartment to interview him about his comments on several social…

Reason

Judge faces cases ban after scathing watchdog report

A judge has been accused of being incompetent and vilifying a sexual assault complainant but a judicial watchdog has not suggested firing him.

AAP

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Judge Ezra's Worrying Behavior in the Buoy Case

Judge Ezra boasted about knowing the judges on the Fifth Circuit, being sworn into the Texas Bar by the Chief Judge's husband, and threatened to have the Deputy Solicitor General's lawyer removed from the courtroom.

Reason

Historical abuse case stymied with elderly man's death

An 88-year-old man accused of the repeated sexual abuse of two underage girls decades ago has died before a court hearing into his alleged crimes.

AAP

Fifth Circuit Blocks Order Requiring Defendants' Lawyers "to Attend 'Religious-Liberty Training' as a Sanction"

From today's decision in Carter v. Southwest Airlines, Inc. (consolidated with Carter v. Local 556, Transport Workers Union of Am.), decided today by Judge Edith Brown Clement, Kurt Engelhardt, and Cory Wilson (for my earlier post on the case, see here): On August 7, 2023, the district court held Southwest…

Reason

Fifth Circuit Judges Clash Over Venue and Judge Shopping

Judges Oldham and Higginson disagree about where a case belongs: NDTX or DDC.

Reason

Law Enforcement Trainers File Scotus Amicus Brief against Maryland Rifle Ban

Citizens should be able to choose the same high-quality defensive arms that peace officers choose

Reason

The Third Circuit Affirms Sanctions Against the Philadelphia D.A.'s Office for Failing to Confer with Crime Victims

The Circuit concludes that the district court appropriately sanctioned the D.A.'s Office for making misleading statements about whether it had conferred with a crime victim's family.

Reason

Associational Standing Isn't Defeated by Pseudonymity in Members' Declarations

From today's Tenth Circuit decision in Speech First, Inc. v. Shrum, written by Judge Harris Hartz and joined by Judges Nancy Moritz and Veronica Rossman: Speech First, Inc. is a nationwide organization that describes its mission to include the protection of free speech on college and university campuses. When Oklahoma…

Reason

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Reason

New Yorker Article Seems to Misdescribe S. Ct.'s Decision on School Library Book Removal

The article claims that a prohibition on viewpoint-based removals of school library books is "settled law" announced by a "majority opinion." But that's not so.

Reason

D.C. Circuit Rejects First Amendment Lawsuit over AG's Memorandum About Threats to Schools

From Saline Parents v. Garland, decided today by the D.C. Circuit, in an opinion by Judge Harry Edwards, joined by Judges Neomi Rao and Florence Pan: On October 4, 2021, the Attorney General … issued a one-page memorandum … to various units in the Department of Justice …, expressing concern…

Reason

There Ought to Be a Country / Western Song About This

The father's heirs "dispute the distribution of a 1978 Ford pickup truck."

Reason

Broad Injunctions Against Enforcement of Allegedly Unconstitutional Statutes

An interesting opinion from Justices Kavanaugh and Barrett; it arose in a case challenging a Florida law that was aimed at drag shows, but it deals with the remedies question and not the underlying substantive First Amendment question.

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Reason

Court Upholds Denial of Pseudonymity to Plaintiff in #TheyLied Libel Suit Stemming from Title IX Complaint

"Appellant wants the option to hide behind a shield of anonymity in the event he is unsuccessful in proving his claim, but he would surely identify himself if he were to prove his claims."

Newsroom.co.nz

Nightmarish ACC dispute deals butcher a bad hand

After 34 years of service to his employer, slaughterman Joe Toa’fa found himself in the Kafkaesque world of a disputed ACC claim. Despite a court ruling emphatically in his favour, he’s still not out of it.

The Hindu

U.S. court stays extradition of Mumbai terror attacks accused Tahawwur Rana pending his appeal

U.S. Court orders stay on extradition of Pakistani-origin Canadian businessman Tahawwur Rana to India for 2008 Mumbai terror attacks. District Judge Fischer overrides Biden administration’s appeal, grants Rana's application for stay pending appeal to Ninth Circuit Court. Rana has raised serious legal questions and public interest favours him. NIA ready…

Reason

Risk of Physical Harm to Woman Involved in Ghislaine Maxwell Litigation May Justify Sealing Her Identity,

holds the Second Circuit, though it leaves it to the trial court to consider the facts further.

Reason

Against One-Sided Pseudonymity in Sexual Assault Cases

I thought I'd pass along amicus brief that I submitted earlier this month in Doe v. Sidar, an appeal of a case where the District Court reconsidered its earlier position in favor of pseudonymity. Here's the Summary of Argument: In deciding this case, this Court ought to be attentive to…

Reason

Grandmother Has Right to Publish Government Documents About Investigation into Grandson's Death

The Third Circuit holds that, once the government released the documents, it couldn't then forbid the grandmother (or others) from publishing them.

Pedestrian.tv

A 29 Y.O. Sydney High School Teacher Was Jailed For Secretly Filming Up Female Students’ Skirts

The teacher was sentenced to jail on Wednesday, only to be released on bail hours later.

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