Tag Archives: Cannot

DC Circuit Appeals Court Rules that U.S. Government Cannot Forcibly Transfer U.S. ISIS Suspect

On May 7, 2018, the United States Court of Appeals for the District of Columbia Circuit ruled that the United States cannot forcibly transfer an American ISIS suspect being held in Iraq to another country without first proving that he … Continue reading

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Guest  Post: Plaintiffs Can Keep Their D&O Claims But They Cannot Touch The Insurance Proceeds

Trinitee Green D&O insurance issues can be particularly difficult in the bankruptcy context. A number of issues can arise in the bankruptcy context that are not usually involved in ordinary claims circumstances. In the following guest post, Trinitee Green of … Continue reading

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Appeal Court Says Judges Cannot Avoid Determinations of Grave Risk of Harm in Hague Convention Cases

The Ontario Court of Appeal recently reversed a Hague Convention order that a mother from England must return to England with her two children, failing which her British husband would have custody of their children. (Zafar v. Saiyid (2018) ONCA … Continue reading

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U.S. Supreme Court Rules 5-4 that the Alien Tort Statute Cannot Be Used To Sue Foreign Corporations

In a 5-4 ruling, the U.S. Supreme Court ruled today that the Alien Tort Statute cannot be used to sue foreign corporations. With Justice Kennedy writing for the majority, the Court affirmed the Second Circuit’s decision to dismiss a lawsuit … Continue reading

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Salary History Cannot Justify Unequal Pay Between Men and Women, According to Ninth Circuit

Dora Lane by Dora Lane  The Ninth Circuit Court of Appeals ruled this week that an employer cannot justify a pay difference between male and female employees performing equal work based on prior salary. Rizo v. Yovino. This is a … Continue reading

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