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6th Circ. Won't Reverse 'Willy-Nilly' For Insurer's Advisor

Law 360

it wouldn't reverse a Michigan federal court's decision "willy-nilly" at oral arguments Thursday, when the firm sought to prevent partial reimbursement for underlying stock valuation litigation while its insurer continued to fight for total payback. A Sixth Circuit panel told investment firm Stout Risius Ross Inc.

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In rejecting a prisoner’s post-conviction claim, court plants seeds for narrowing habeas relief

SCOTUSBlog

Davenport , the Supreme Court held on Thursday that a federal court cannot grant habeas relief to a convicted state prisoner whose constitutional rights were violated at trial unless that prisoner satisfies both the judicially-created Brecht v. The Supreme Court held in 2005 in Deck v. Share In Brown v. In Brecht v.

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Justices to consider appropriate standard for harmless-error review of state convictions in federal habeas proceedings

SCOTUSBlog

This case, which will be argued on Tuesday, addresses the standard of review that federal habeas courts should use when assessing state courts’ prior determinations that constitutional trial errors were harmless. Ayala , the Supreme Court held that AEDPA did not displace Brecht , but rather that Brecht “subsumes” AEDPA.

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A search for coherence in the interplay between AEDPA and Brecht

SCOTUSBlog

Share The Supreme Court heard oral argument Tuesday in Brown v. Davenport to consider whether a Michigan prisoner, whose constitutional right to a fair trial was violated when he was visibly shackled before the jury, is entitled to habeas corpus relief. As the case preview explained, in Brecht v. Many of the justices seemed to agree.

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Data on Choice-of-Court Clause Enforcement in US

Conflict of Laws

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.

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The lives they lived and the court they shaped: Remembering those we lost in 2020

SCOTUSBlog

A government lawyer who argued at the Supreme Court more than anyone else in the 20th century. As the year comes to a close, SCOTUSblog looks back at some of the individuals who died in 2020 after living lives that brought them – at different times and for different reasons – to the Supreme Court of the United States.

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Arthrex on Remand: Commissioner of Patents Drew Hirshfeld and the Problem of Shadow Acting Officials

Patently O

Editors note – I invited Professor Nina Mendelson (University of Michigan Law School) to author a guest post after reading her 2020 Admin. Hirshfeld has the legal power to fulfill the expanded job as required by the Supreme Court’s decision. 1) The litigation background. — Dennis Crouch.

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