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Argument: Oral argument: Case history; Prior: Bouaphakeo v. Tyson Foods, Inc., 765 F.3d 791 (8th Cir. 2014); cert. granted, 135 S. Ct. 2806 (2015). Holding; The district court did not err in certifying and maintaining a class of employees who allege that the employer’s failure to pay them for donning and doffing protective gear violate the Fair Labor Standards Act, notwithstanding the ...
Circuit Judge Lavenski Smith: Little Rock, AR: 1958 2002–present 2017–2024 — G.W. Bush: 56 Circuit Judge Raymond Gruender: Saint Louis, MO: 1963 2004–present — — G.W. Bush: 57 Circuit Judge Duane Benton: Kansas City, MO: 1950 2004–present — — G.W. Bush: 58 Circuit Judge Bobby Shepherd: El Dorado, AR: 1951 2006–present ...
From 2000 to 2008, the U.S. Court of Appeals for the 4th Circuit had the highest rate of non-publication (92%), and more than 85% of the decisions in the 3rd Circuit, 5th Circuit, 9th Circuit, and 11th Circuit went unpublished. [6] Depublication is the power of a court to make a previously published order or opinion unpublished.
The 8th U.S. Circuit Court of Appeals found the Missouri law violated a section of the U.S. Constitution known as the supremacy clause, which asserts that federal law takes precedence over state laws.
The Howard T. Markey National Courts Building in Washington, D.C., in which the Federal Circuit is located. The Federal Circuit is unique among the courts of appeals in that its jurisdiction is based wholly upon subject matter, not geographic location. The Federal Circuit is an appellate court with jurisdiction generally given in 28 U.S.C. § 1295.
This brief addresses challenges raised in two separate summary judgment motions: the Plaintiffs’ motion in PEER v. Beaudreau2 and the Plaintiffs’ Motion in Wampanoag Tribe of Gay Head (Aquinnah) v. Beaudreau. Amici focus on those issues on which they have greatest expertise.
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In his dissent, Blackmun responded by quoting Oliver Wendell Holmes Jr.: "[i]t is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past."