Tag Archives: Order

11th Circuit Affirms Order To Remove Cross From Park, But Expresses Disagreement Precedent

In Kondrat'Yev v. City of Pensacola, (11th Cir., Sept. 7, 2018), a 3-judge panel of the 11th Circuit Court of Appeals, feeling bound by prior 11th Circuit and Supreme Court precedent, affirmed a Florida district court's Establishment Clause decision ordering … Continue reading

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[Eugene Volokh] State Civil Protective Order Doesn't Preclude Federal Challenge to Criminal Harassment Statute

An interesting new Younger abstention case from the Ninth Circuit, arising in our challenge to Washington's very broad criminal harassment statute.[1.] A Washington state statute criminalizes (among other things) "mak[ing] an electronic communication to … a third party" "with intent … Continue reading

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More on 1 October – breach of Suspended Possession Order

On 1 October 2018, The Civil Procedure (Amendment No. 3) Rules 2018 will come into effect. The bit that concerns us is basically a one line change to Part 83 Civil Procedure Rules 1998 codifying the position that there is … Continue reading

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Illinois Appellate Court Reverses Discovery Order in Wrongful Death Medical Malpractice Lawsuit Relying On the Medical Studies Act

On May 13, 2015, Millicent Mnookin suffered a sudden drop in oxygen followed by cardiac arrest while she was under general anesthesia for surgery at Northwest Community Hospital. She was taken to an intensive care unit but died just two … Continue reading

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Federal Court of Appeal Quashes Order in Council Approving Kinder Morgan Trans Mountain Pipeline Expansion in Tsleil-Waututh Nation v. Canada (Attorney General), 2018 FCA 153

On August 30, 2018, the Federal Court of Appeal released its decision concerning the judicial review of an Order in Council approving the Kinder Morgan Trans Mountain Pipeline Expansion Project (the “Expansion Project”). The Order in Council, dated November 29, … Continue reading

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