Blog Archives

Fourth Circuit: NC town can’t deny forum for takings claim

In an opinion published last week by the U.S. Court of Appeals for the Fourth Circuit, Judge Shedd writes that a town being sued for a Fifth Amendment taking can’t avoid the suit by playing jurisdictional games. In this case, homeowners

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Fourth Circuit weighs in on circuit split; harmless error review in collateral challenge to conviction

In an opinion published today, the U.S. Court of Appeals for the Fourth Circuit announced that, in collateral challenges to federal criminal convictions under § 2255, it would follow the harmless error standard used by most of the other circuit

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DC Circuit: To measure a crime’s “seriousness,” use Sentencing Guidelines

An opinion issued today by the U.S. Court of Appeals for the D.C. Circuit begins by saying that the defendant “is innocent of the crime for which he was charged and convicted. The government does not dispute that point.” But

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Fed. Circuit: Necessity of burning forest can be challenged

In an opinion today for the U.S. Court of Appeals for the Federal Circuit, the court deals with a situation in which the U.S. Forest Service set fire to a landowner’s property in order to help prevent a forest fire

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Fed. Circuit: To prove marriage, use state law

In a recent opinion for the U.S. Court of Appeals for the Federal Circuit, Judge Mayer writes that state evidence law should be used to prove a couple was married for the purposes of awarding veterans’ survivor benefits. Alabama state

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