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Hashtag
#Appellatesky
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#lawtwitter #SkyLaw #AppellateSky #RuleOfLaw #LegalEthics
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US v Weaver: #5thCir reverses suppression of #evidence found in executing search warrant: good faith exception applies; remands re statements: express waiver of rights failed, district court to analyze possible implied waiver #appellatesky #lawsky baffc.net/4vgSl3l
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Porche.com v Gallagher Re: #5thCir affirms dismissal of 2/3 of breach-of-#contract claims against #reinsurance broker but reverses as to claim re administrative services provision #insurance #appellatesky #lawsky baffc.net/480xFCL
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This is what showing up looks like.
On March 28, 8M+ people joined 3,300+ No Kings events across the U.S. and beyond.
More than 2/3 happened outside major cities.
People showed up everywhere—
for the Constitution, the rule of law, and democracy.
#NoKings #democracy #lawtwitter #AppellateSky
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Briar Capital v Remmert: #5thCir affirms jury verdict rejecting #bankruptcy preference claim: claimant failed to file post-verdict motions, so waived review of sufficiency of evidence; no #plainerror review w/out 50(b) motion #appellatesky #lawsky baffc.net/3PAaU29
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Ryan v US: #5thCir denies #mandamus relief: non-prosecution agreement between #Boeing & #DOJ didn't violate #737MAX plane crash victims' rights under #CVRA; challenge to 2021 deferred-prosecution agreement was moot #appellatesky #lawsky baffc.net/4v2A4q3
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Parker v Hooper: #5thCir #enbanc vacates remedial order in Angola inmates' #8thAmendment, #ADA/#RA suit: district court was deliberately indifferent to binding evidentiary and legal framework #concur #dissent #PLRA #appellatesky #lawsky baffc.net/4s4er6c
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#appellatetwitter #AppellateSky #lawtwitter #LawSky where are you?
I’d do it but I’ve been out of the game too long!!
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Bell v Lutnick: #5thCir affirms summary judgment for government in commercial fishers' challenge to appointments under #MagnusonStevensAct & rules re amberjack by Gulf of Mexico Fishery Management Council: veto power severable #appellatesky #lawsky baffc.net/4v78sjV
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US v Cardenas-Ramirez: #5thCir denies #rehearing, expresses concern about use of acquitted conduct in #sentencing, but concludes rehearing not warranted in this case #criminallaw #appellatesky #lawsky baffc.net/41xgzsi
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US v Grace: #5thCir affirms meth conspiracy conviction, rejects #Batson challenge despite district court's error in questioning potential juror after defendant challenged prosecutor's peremptory strike #criminallaw #appellatesky #lawsky baffc.net/4dMt1f6
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Congious v Shaw: #5thCir affirms summary judgment #qualifiedimmunity for jail medical director in claim by woman who gave birth while detained in cell: no subjective knowledge of substantial risk of serious harm #concur #appellatesky #lawsky baffc.net/4caAvax
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Hagar v FBI: #5thCir affirms summary judgment for #FBI on #FOIA claim by criminal defendant: copying data into separate document was creation of new document & not required under FOIA #appellatesky #lawsky baffc.net/40UGc6a
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Megatel v City of Mansfield: #5thCir reverses state-action immunity for city on #antitrust claims: TX #WaterCode didn't clearly articulate & affirmatively express state policy permitting city to act anti-competitively #appellatesky #lawsky baffc.net/4s39RFo
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Awesome #Appellatesky picture
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SEC v Barton: #5thCir, in challenge to approval of sales/settlements re #receivership estate, dismisses appeal for lack of jurisdiction as to moot sale & settlement agreements, affirms remaining sale #appellatesky #lawsky baffc.net/3NZIMF2
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Your Honor,
I had once assumed that acquaintance, if not affection, might at least secure against judicial treachery of the more flamboyant variety. I was mistaken. As poets and smugglers have long known. Or, to put it with greater economy, curse your sudden but inevitable betrayal. #appellatesky
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Fuentes-Pineda v Bondi: #5thCir substitutes opinion where #BIA denied #CAT deferral of removal for #ElSalvador native who was #gang member convicted of murder, rejects arguments re harsh prison conditions/torture #immigration #appellatesky #lawsky baffc.net/4t5dSK6
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One guy's approach to preparing for oral argument. (Sorry for the huge photo.) #AppellateSky
www.law.com/litigationda...
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My article “Suppressing Constitutional Law: Qualified Immunity and Non-precedential Opinions” is out soon in UCLA Law Review.
On SSRN now papers.ssrn.com/sol3/papers.... #appellatesky #qualifiedimmunity #legalwriting
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Hardwick v FAA: #5thCir denies review of #FAA order suspending license of professional pilot who twice flew airplane whose physical tail number didn't match registration/air-worthiness certificate #appellatesky #lawsky baffc.net/4rN59v5
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US v Williamson: #5thCir affirms conviction for possession of firearm by felon: as-applied #2ndAmendment challenge fails under #Reyes; #CommerceClause challenge foreclosed; concurrence calls for clarity #appellatesky #lawsky #criminallaw #Bruen baffc.net/4lOhhKV
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Would it help if a lot of us started regularly using an #AppellateSky or #AppellateTwitter hash tag for practice-related posts?
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Screenshot from "South Park" episode in which a small gnome (in a pointy green hat) stands in front of a sign laying out their 3-step plan. "Phase 1" now reads "jail call excerpts" and Phase 3 reads "guilty guilty guilty!", but Phase 2 still is just a question mark.
Filed a reply brief today in which I got to compare the Government's argument to the underpants gnomes from "South Park" (complete with law review citation to make it legit!).
#appellatesky
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Across the country, communities are preparing for the No Kings Rally on Saturday, March 28—a national moment to stand up for democratic institutions, the rule of law, and accountable government.
#RuleOfLaw #AppellateSky
2/6
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Intuit v FTC: #5thCir vacates #FTC cease-and-desist order re "deceptive" advertising of @TurboTax product: adjudicating deceptive advertising claim before ALJ violated #SeparationofPowers #Jarkesy #ArticleIII #appellatesky #lawsky baffc.net/4sT68uK
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US v Burger: #5thCir reverses #Rule12 dismissal of #indictment for transmitting threats in interstate commerce: trial needed to determine if defendant's statements on #Roblox were true threats; declines to reassign case #appellatesky #lawsky baffc.net/4sX3hAW
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Ford v Mckesson: #5thCir reverses summary judgment for #BlackLivesMatter protest organizer on negligence claim by Baton Rouge officer injured by rioters in 2016: time for jury to assess merits of claim #dissent #appellatesky #lawsky baffc.net/4dhvQor
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US v Mendoza: #5thCir vacates conditions of #supervisedrelease: remands to add length of location monitoring & to remove home detention, financial-disclosure & credit-approval conditions, where restitution wasn't determined #appellatesky #lawsky baffc.net/41j0XbC
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