Tag Archives: Merits

Court adds two new cases to merits docket

This morning the justices issued orders from last week’s private conference. They added two new cases to their merits docket for the term and denied review in a group of capital cases from Florida, with the latter spurring three separate … Continue reading

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Knick Brief On The Merits: Time To Ditch <em>Williamson County</em>'s State Exhaustion Requirement

Here's the Petitioner's Brief on the Merits in Knick v. Township of Scott, No. 17-647, the case in which the Supreme Court is being asked to revisit our old nemesis, Williamson County's "state exhaustion" requirement, a doctrine which tells takings plaintiffs … Continue reading

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In what may be the first "gig economy" case to be fully decided on the merits a California federal court finds that an independent contractor is not an employee [ Lawson v Grubhub Inc. Case No.15-cv-05128-JSC ]

The case involved Grubhub in a labor lawsuit filed by one of its former drivers (plaintiff Lawson) In a long and detailed court opinion released February 8, 2018 by US Magistrate Judge Jacqueline Scott Corley, who ruled: "the Court [found] … Continue reading

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FDA Prevails in 10th Circuit Unapproved Morphine Sulfate Case; Court Does Not Reach Merits of Grandfather Claim

By Kurt R. Karst – In a decision handed down late last week by the U.S. Court of Appeals for the Tenth Circuit, a three-judge panel affirmed a November 2010 decision from the U.S. District Court for the District of … Continue reading

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In Granting Class Certification District Courts Must Consider the Merits of the Claims — Ellis v. Costco Wholesale Corp.

InEllis v. Costco Wholesale Corp., the district court certified a nation-wide class of female Costco employees in what amounted to a carbon copy of the Dukes case against Wal-Mart. The Ninth Circuit was therefore required to re-evaluate the certification decision … Continue reading

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