Standard for Proving Title VII Violation Same for Majority Plaintiffs as for Minority Plaintiffs The Court rejected some federal circuits' rules that a majority-group plaintiff must "present[] evidence of 'background circumstances' suggesting that the [defendant] was the rare employer who discriminates against members of a majority group." Reason · Jun 5, 2025
Circuit Justice Kagan Never Bothered Calling For A Reply In Trump v. AFGE The District Court succeeded its TRO with a PI, rendering the government's application moot. Reason · May 25, 2025
Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal VHS rentals, true-crime documentaries, and IT techs in the jury room. Reason · Apr 4, 2025
White Lion Reverses Fifth Circuit Again By Narrowly Reading Record And Question Presented It is very easy to reverse a court when you exclude virtually every argument from consideration. Reason · Apr 2, 2025
Court OK's N.Y. Repeal of Religious Exemptions from Vaccination Requirement An excerpt from the Second Circuit's long (and, I think, generally correct) decision yesterday in Miller v. McDonald (Judges José… The post Court OK's N.Y. Repeal of Religious Exemptions from Vaccination Requirement appeared first on Reason.com. Reason · Mar 4, 2025
Supreme Court Refuses to Consider Whether University "Bias-Response Teams" Chill Speech Justice Thomas dissents from the Court's refusal to resolve a clear circuit split. Reason · Mar 3, 2025
How Should the District Court Evaluate the Motion to Dismiss the Charges Against Mayor Adams? Under existing Second Circuit caselaw, the district court will almost certainly need to approve the motion to dismiss. But existing Circuit law fails to take into account the Crime Victims Rights Act. And there may be a "victim" who rights are being ignored: New York City. Reason · Feb 19, 2025
The Battle over Judge Newman's Unconstitutional "Stealth Impeachment" Continues Judge Newman files a powerful reply to the unprecedented claim of the Federal Circuit's Judicial Council that she can be suspended from her duties indefinitely. And the Judicial Council's recent hiring of adversarial experts raises new questions about bias against Judge Newman. Reason · Feb 19, 2025
D.C. Circuit Declines to Reconsider Decision Concluding CEQ Lacks Authority to Issue NEPA Regulations A majority of the en banc court instead seeks to explain away the panel's conclusion as dicta. Will the Supreme Court agree? Reason · Jan 31, 2025
Can People Suing Sean Combs / P. Diddy for Sexual Assault Litigate as John or Jane Does? Judges Are Split Many people have sued Sean Combs (P. Diddy) for alleged sexual assault in federal court in Manhattan (S.D.N.Y.); many of… The post Can People Suing Sean Combs / P. Diddy for Sexual Assault Litigate as John or Jane Does? Judges Are Split appeared first on Reason.com. Reason · Nov 5, 2024
A Texas Cop Endangered Himself by Jumping Onto a Moving Car. Then He Shot the Driver. The Supreme Court will review a 5th Circuit decision that let the officer off the hook without considering the recklessness that turned a routine traffic stop into a deadly encounter. Reason · Oct 7, 2024
How I Learned About The Copyright Act's Statute of Limitations And how it relates to Warner Chappell Music, Inc. v. Nealy. Reason · May 10, 2024
Yet Again, Someone Trying to Vanish My Post About a Case on One-Sided Pseudonymity In February, I wrote about a Fourth Circuit decision in Doe v. Sidar, which discusses one-sided pseudonymity. Today, I see that Google received yet one more request that it remove that post from its indexes, and thus vanish it from search results. That's the fourth attempt so far aimed at… Reason · May 6, 2024
Reason · May 3, 2024 Again, Someone Trying to Vanish My Post About a Case on One-Sided Pseudonymity In February, I wrote about a Fourth Circuit decision in Doe v. Sidar, which discusses one-sided pseudonymity. On Wednesday, Google received a request that it remove that post from its indexes—and thus vanish it from search results—on the theory that the post violated the copyright in a blog post, https://europeannewschannels.blogspot.com/2024/01/fourth-circuit-on-one-sided.html:…
Autosport · Apr 9, 2024 Team manager dies in paddock incident in Barcelona Amid preparations for the opening round of the season, Gerhard Freundorfer was involved in a fatal incident with one of the Proton Huber trucks in the Circuit de Barcelona-Catalunya paddock on Tuesday.
Reason · Mar 25, 2024 Someone Trying to Vanish My Post About a Case on One-Sided Pseudonymity Last month, I wrote about a Fourth Circuit decision in Doe v. Sidar, which discusses one-sided pseudonymity. Last week, Google received two requests that it remove that post from its indexes—and thus vanish it from search results—on the theory that the post violated the copyright in a Tumblr post, https://www.tumblr.com/case49news/745091056157196289/fourth-circuit-on-one-sided-pseudonymity-in-sexual:…
Reason · Mar 11, 2024 The Third Circuit Affirms Sanctions Against the Philadelphia D.A.'s Office for Failing to Confer with Crime Victims The Circuit concludes that the district court appropriately sanctioned the D.A.'s Office for making misleading statements about whether it had conferred with a crime victim's family.
Reason · Feb 21, 2024 Fourth Circuit on One-Sided Pseudonymity in Sexual Assault Cases The decision allows such pseudonymity when the defendant has already been found (by default judgment) to have committed the assault, but Judge Wilkinson's concurrence argues that, absent this unusual factor, one-sided pseudonymity should be frowned on.
Reason · Jan 8, 2024 9th Circuit Temporarily Restores the Right To Bear Arms As It Mulls California's New Gun-Free Zones The state's law, which a federal judge enjoined last month, prohibits firearms in most public places.
Reason · Nov 3, 2023 S. Ct. Will Hear NRA's Case Alleging That N.Y. Government Coerced Companies to Stop Doing Business with NRA The controversy is similar to part of the controversy in Murthy v. Missouri (formerly Missouri v. Biden), which also involves allegations of government coercion aimed at interfering with speech.
Reason · Oct 14, 2023 Is the Fifth Circuit Becoming the New Ninth? The Court is taking more cases from the Fifth Circuit, and its decisions do not appear to be faring well.
Reason · Jul 24, 2023 Fifth Circuit to Hear Important Case on Remedies Under the Crime Victims' Rights Act Tomorrow I will argue that families who lost relatives in the crashes of two Boeing 737 MAX aircraft should be able to confer with prosecutors about prosecuting Boeing for lying to the FAA.
Reason · Apr 24, 2023 S. Ct. Calls for Response in NRA v. Vullo This is the case I wrote about in March, and again last week, when I noted the amicus briefs from state attorneys general, from the Foundation for Individual Rights and Expression, and from two financial and business law scholars. I also noted last week that the New York state government…
Reason · Apr 22, 2023 How Will the Mifepristone Case Get Back to the Supreme Court? On Friday evening, the Supreme Court granted a complete stay of the District Court's order in Alliance for Hippocratic Medicine v. FDA. And that stay will remain in effect while the proceedings in the Fifth Circuit continue. For now, the status quo continues. Justice Thomas would have denied the application…