by judy.pino@ncla.legal | Apr 15, 2021 | Blog, Richard Samp
The Seventh Amendment to the U.S. Constitution guarantees the right to a jury trial in civil suits filed in federal court. Federal officials have never liked it when the target of a federal enforcement action insists on a jury trial; they apparently fear that...
by judy.pino@ncla.legal | Mar 19, 2021 | Press Releases
Washington, DC (March 19, 2021) – The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, has filed an amicus brief on behalf of petitioners in George R. Jarkesy, Jr., et al. v. U.S. Securities and Exchange Commission. NCLA is asking the U.S....
by judy.pino@ncla.legal | Feb 4, 2021 | Blog, John J. Vecchione
We have discussed Axon v. FTC before and followed it closely since its inception. On January 28, 2021, the Ninth Circuit gave us more to consider. First, a recap is in order. Axon Enterprise, Inc. (Axon) is a corporation that makes law enforcement equipment...
by judy.pino@ncla.legal | Jan 28, 2021 | Blog
Federal court appellate rules (and most state appellate and high courts) require party briefs to include a “standard of review” section (Federal Rule of Appellate Procedure 28(a)(8)(B)). Lawyers tend to pay little, if any, attention to this section. Usually, a...
by judy.pino@ncla.legal | Jan 22, 2021 | Blog
There’s a frustrating phenomenon in sports where referees will “swallow their whistles” in a close game. At a pivotal moment, a referee will fail to call a foul to avoid the appearance that the refs determined the outcome of the game. The logical fallacy the...
