Tag Archives: Circuit

CRS – D.C. Circuit Upholds as Constitutional the Structure of the CFPB

D.C. Circuit Upholds as Constitutional the Structure of the CFPB – Part I. Todd Garvey, Legislative Attorney; Jared P. Cole, Legislative Attorney. February 12, 2018. “The entire U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued … Continue reading

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Seventh Circuit Applies Ministerial Exception to Hebrew Teacher at Jewish School

Steven D. Schwinn, John Marshall Law School The Seventh Circuit ruled this week that the First Amendment's ministerial exception barred a Hebrew teacher's Americans with Disabilities Act claim against her employer, a Jewish school. The ruling is the first time… … Continue reading

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Too Fast and Furious: Ninth Circuit Unwinds Hyundai and Kia Nationwide Class Action Settlement

In a split panel, the Ninth Circuit Court of Appeals reversed a district court’s certification of a nationwide class action settlement because the lower court failed to conduct a sufficient predominance inquiry under Rule 23(b)(3). In 2012 Hyundai and Kia … Continue reading

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Ninth Circuit rules Clean Water Act permit required for indirect discharge to ocean waters

It was a great exam question (at least I thought so — you’ll have to ask my Environmental Law and Policy students if they agree): does the disposal of treated wastewater from a municipal wastewater treatment plant into the ground … Continue reading

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The Federal Circuit Will Rule on the Government’s “Heads I Win, Tails You Lose” Position on Recovering Attorney’s Fees As “Expenses”

According to the United States Patent and Trademark Office (“PTO”), an applicant for a patent that tries to challenge the PTO’s denial of a patent by filing a civil action in federal district court should lose even if it wins, … Continue reading

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