The case involving the Neighborhood Improvement District for the Ozark Bridge in Arnold has been removed to . After the first amended petition for declaratory judgment and injunctive relief was filed in July in Ozark Hills Park Properties v. City of Arnold, the city sought to make it a federal case, said attorney Stanley Wallach with the Wallach Law Firm in St. Louis.
In the response turned into federal court May 3, the Jusbaches deny allegations that they in any way misrepresented themselves to the Kipnises. By J.R. Logan
About once every two weeks, school officials in North Jersey catch students "sexting" racy pictures of a young teen over their cellphones. The officials call police, who show up at the school and deliver a stiff notice: Lose those photos immediately, or face prosecution for child porn.
Defendants who remove cases to federal court increasingly find that the federal judiciary is not embracing these cases with open arms. Rather, federal judges are carefully scrutinizing removal petitions to ensure that federal jurisdiction exists. This intense level of judicial scrutiny carries over to cases removed under the Class Action Fairness Act of 2005 (CAFA), despite congressional intent in enacting CAFA to make it easier for parties to remove class action cases to federal court. Remand battles have centered on two fronts: the amount in controversy and the last-sewed defendant rule. This article considers the impact of recent decisions on both issues. Attorneys representing defendants who wish to remove actions to federal court must carefully plan how they will prove the amount i...
NEW YORK, April 17, 2011 /PRNewswire/ -- Having been deported from the United States by immigration authorities decades after serving as a key informant in an investigation led by then-United States Attorney Rudolph Giuliani that targeted a global drug trafficking ring based in New York, Macedonian National, Adnan Asan, has resumed his fight to return to the United States. Asan's cooperation led to the ring's collapse and his deportation has caused him to live a life on the run from those he testified against- -many of whom live in villages throughout Macedonia. Mr. Asan is challenging his guilty plea on account of the Supreme Court's 2010 Padilla v. Kentucky decision," said Raymond Lahoud, Asan's attorney and a member of Baurkot & Baurkot, a leading deportation defense law firm. "Mr. ...
In fact, during the last half of the twentieth century, the Supreme Court saw an astonishing 800% increase in the number of amicus filings on its docket.9 This increase manifested as an increase in the number of briefs filed as well as an increase in the number of participants cosigning the amicus submissions.10 Several scholars have studied this tremendous surge in non-party participation and established that the influence of amicus briefs on litigation success depends upon many factors, including, for example, the prestige and experience of the entity filing the brief (with the U.S. Solicitor General showing the greatest success), whether the brief supports the respondent or the petitioner (briefs supporting the respondents enjoy higher success rates), and the disparity in number of b...
The federal circuit courts of appeals have generally recognized that a party suffers real hardship when the district court erroneously orders it to disclose privileged information. Review of the disclosure order after final judgment is usually an insufficient remedy; once the information has been disclosed, it can never again be fully confidential. Consequently, the courts have struggled to provide a mechanism by which such orders can be immediately appealed. However, privilege orders presenting novel questions of law or issues of first impression do not clearly fit within the doctrinal requirements of the most common methods of interlocutory review. Appellate courts have therefore applied varying exceptions or extensions to those requirements in an effort to encompass such privilege or...
President Obama's scheme to take over America's health care system is in critical condition. On Friday, a federal appellate court in Atlanta struck down the individual mandate, a key component of Obamacare. This decision conflicts directly with the clean bill of health previously given to the entire law by the U.S. Court of Appeals for the 6th Circuit in Ohio. With the 4th Circuit expected to rule soon on Virginia's challenge, the circuit split sets the stage for the Supreme Court to resolve the matter in the next term, hopefully putting this expensive and unnecessary program out of our misery. Breathtaking" was the term the 11th Circuit's 2-1 decision used to describe the "unlimited scope" of the law that will force individuals to buy health insurance. The judges found Obamacare to be...
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