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The District Court dismissed the suit for failure to state a claim on which relief could be granted, holding that because the very statute that created the property right in continued employment also specified the procedures for discharge, and because those procedures were followed, Loudermill was, by definition, afforded all the process due ...
Perhaps the best known case creating an implied cause of action for constitutional rights is Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). In that case, the United States Supreme Court ruled that an individual whose Fourth Amendment freedom from unreasonable search and seizures had been violated by federal agents could sue for the violation of the Amendment itself, despite the lack ...
Habeas relief may not be granted with respect to any claim a state-court has found on the merits unless the state-court decision denying relief involves an "unreasonable application" of "clearly established federal law, as determined by" the Court. Swarthout v. Cooke: 10-333: 2011-01-24 State prisoners have no constitutional right to parole ...
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the law of the country in which an action is brought out lex lata: the carried law The law as it has been enacted. lex loci: the law of the place The law of the country, state, or locality where the matter under litigation took place. Usually used in contract law, to determine which laws govern the contract. / ˈ l ɛ k s ˈ l oʊ s aɪ / lex ...
Where the government does not intervene, the False Claims Act provides the government a right to receive copies of the parties' pleadings and deposition transcripts (rights usually reserved for parties to a suit). The district court dismissed Eisenstein's claim for failure to state a claim and entered final judgment in favor of the City of New ...
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Sunoco v. Honolulu & Shell v.Honolulu (Docket 23-947 & 23-952) is a case pending certiorari before the Supreme Court of the United States. [1] It is a tort law case related to whether federal law prohibits state-law claims for compensation for the effects that Greenhouse-gas emissions has on global climate.