There are a handful of resentencing remands in the federal courts last week. Perhaps most interesting is United States v. Francois, remanding because the sentence imposed exceeded the statutory maximum. One doesn't see...more
What you need to know: The Supreme Court ruled that plaintiffs cannot evade federal court jurisdiction by stipulating that class-wide damages are less than the Class Action Fairness Act’s $5 million jurisdictional...more
On February 19, 2013, the United States Supreme Court unanimously decided that the acquisition by a county hospital authority of another hospital in the same county was not immune from antitrust scrutiny under the state...more
It's a good week in the circuits for folks accused of federal crimes. The Seventh Circuit has been active (though sadly without Judge Posner). United States v. Diaz-Rios looks interesting - it's a remand for resentencing...more
One more note on National Gas Pipeline Co. v. Justiss is appropriate. The Texas Supreme Court held that the landowners had failed to present admissible evidence that the permanent nuisance caused by the defendant had...more
Because of the numerous advantages of litigating personal injury cases in federal court, many out-of-state defendants seek to remove their cases from state court to federal court. To remove, the moving party must show that...more
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