Appellate Law News and Insights

This Week At The Ninth: Disagreements On Display

Published: Jan 28, 2022
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This week, the Ninth Circuit parts ways with the Second Circuit on whether unnamed real defendants in interest can remove state cases to federal court and issues a split decision on Title IX liability. SHARMA V. HIS ASSET LOAN OBLIGATION TRUST 2007-1 The Court holds that only a named defendant...

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11th Circuit Holds Eighth Amendment Applies To FCA Monetary Awards In Non-Intervened Cases

Published: Jan 20, 2022
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The Eleventh Circuit recently held that the Eighth Amendment's prohibition on excessive fines applies to monetary awards in non-intervened FCA actions—the first federal court of appeals directly to address the application of this constitutional protection in non-intervened cases. See Yates v. Pinellas, No. 20-10276 (11th Cir.). However, the panel concluded...

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U.S. Court Of Appeals Rules That Student “Snapchat Bullying” Is Not A First Amendment Protected Activity

Published: Jan 14, 2022
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In the recent decision entitled Doe v. Hopkinton Public Schools, the U.S. Court of Appeals for the First Circuit rejected students' contention that posting abusive and embarrassing video of another student online was protected speech. The student members of the high school hockey team sued the Hopkinton (Mass.) school district, the...

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