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eBriefs June 14, 2019

FRIDAY, JUNE 14, 2019   Ninth U.S. Circuit Court of Appeals Consumer Protection A 2015 amendment to the Telephone Consumer Protection Act, excepting calls “made solely to collect a debt owed to or guaranteed by the United States,” was content-based and incompatible with the First Amendment. Duguid v. Facebook, Inc. (U.S.); filed June 13, 2019 […]

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eBriefs June 13, 2019

THURSDAY, JUNE 13, 2019 Ninth U.S. Circuit Court of Appeals Criminal Law and Procedure The Rooker-Feldman doctrine does not preclude a federal district court from exercising jurisdiction over a habeas petition filed under 28 U.S.C. §2241. A judge’s determination that manifest necessity justified a mistrial was not an exercise of sound discretion where the judge […]

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eBriefs June 12, 2019

WEDNESDAY, JUNE 12, 2019   Ninth U.S. Circuit Court of Appeals Criminal Law and Procedure A bank robber’s inadvertent placement of a closed pocket knife on the bank’s counter while pulling a plastic bag out of his pocket was not the use of a dangerous weapon for purposes of 18 U.S.C. §2113(d). United States v. […]

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eBriefs June 11, 2019

TUESDAY, JUNE 11, 2019   U.S. Supreme Court Civil Procedure Where federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf. Parker Drilling Management Services, Ltd. v. Newton; filed June 10, 2019 http://sos.metnews.com/sos.cgi?0619//18-389_4g15 Cite as 2019 S.O.S. 18-389   Criminal Law and Procedure Generic remaining-in […]

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eBriefs June 10, 2019

MONDAY, JUNE 10, 2019   Ninth U.S. Circuit Court of Appeals Criminal Law and Procedure A guilty plea made in exchange for leniency to a third party is involuntarily made if the government lacked probable cause to prosecute the third party at the time of the guilty plea. United States v. Yong; filed June 7, […]

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eBriefs June 7, 2019

FRIDAY, JUNE 7, 2019 Ninth U.S. Circuit Court of Appeals Consumer Protection A district court did not abuse its discretion in finding that common issues predominated in a putative class action by a group of car owners for alleged misrepresentations about their vehicles’ fuel economy since the class members were exposed to uniform fuel-economy misrepresentations […]

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eBriefs June 6, 2019

THURSDAY, JUNE 6, 2019   Ninth U.S. Circuit Court of Appeals Civil Procedure A party held in civil contempt for violating a preliminary injunction cannot obtain immediate appellate review because no final judgment had been entered. Although a non-party could ordinarily take an immediate appeal from a civil contempt sanction, such an appeal is not […]

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eBriefs June 5, 2019

WEDNESDAY, JUNE 5, 2019   Ninth U.S. Circuit Court of Appeals Constitutional Law Federal Rule of Civil Procedure 8(a) provides the appropriate standard for reviewing, at the pleading stage, a motion to dismiss in a Title IX case. Assuming, without deciding, that student athletes have property and liberty interests in their education, scholarships, and reputation, […]

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eBriefs June 4, 2019

TUESDAY, JUNE 4, 2019   U.S. Supreme Court Bankruptcy Law A court may hold a creditor in civil contempt for violating a discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct. Taggart v. Lorenzen; filed June 3, 2019 http://sos.metnews.com/sos.cgi?0619//18-489_p8k0 Cite as 2019 S.O.S. 18-489   […]

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eBriefs June 3, 2019

MONDAY, JUNE 3, 2019   Ninth U.S. Circuit Court of Appeals Constitutional Law A plaintiff presented sufficient evidence to show his speech involved a matter of public concern where he was able to provide a general timeline, identify the roles of his interlocutors and describe his motivations for the discussions; the plaintiff’s decision to speak […]

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EBriefs May 31, 2019

FRIDAY, MAY 31, 2019   Ninth U.S. Circuit Court of Appeals Civil Procedure A party preserves a challenge to removal by timely moving to remand; when a plaintiff voluntarily asserts a federal claim after removal, doing so establishes federal subject-matter jurisdiction and cures any jurisdictional defect that may exist in the case. A court analyzing […]

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eBriefs May 30, 2019

THURSDAY, MAY 30, 2019   Ninth U.S. Circuit Court of Appeals Constitutional Law Montana Code Annotated §2-2-136(4) facially violates the First Amendment; although the protection of certain kinds of personal information about unelected public employees is a compelling interest, the confidentiality provision of §2-2-136(4) is not narrowly tailored to serve that interest. The Commissioner of […]

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