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Real Estate & Property Law
: Law of the LandFifth Circuit Court of Appeals Dismisses Equal Protection Claim but Lets Stand Due Process Claim Where Business Permit was Revoked Without Prior Notice
By Patricia Salkin
Full post as published by Law of the Land on June 22, 2012 (boomark / email).
Absence of Class of One Equal Protection Claim in Employment Leads to Reversal
Relying on the recent Supreme Court decision in Engquist (blogged about previously here and here) that held that there is no class of one equal protection claim for public employees, the Second Circuit has reversed a lower court decision that...
Pleading Class of One Equal Protection Land Use Claims
The most easily recognizable equal protection claim is one in which the plaintiff claims membership in a protected group, and some form of discrimination against the class. Another type of equal protection claim is the "class of one" claim under...
Under Heightened Pleading Standard, No Equal Protection Claim for Female Victims of Domestic Violence
A divided three-judge panel of the Seventh Circuit on Thursday ruled in McCauley v. Chicago that the father of a victim of domestic violence had no equal protection claim against the city for failing to protect his daughter...
Fourth Circuit again reinstates "dirty dancing" plaintiff's equal protection claim
Fourth Circuit again reinstates "dirty dancing" plaintiff's equal protection claim: Back on October 7, 2005, I had a post titled "Allegedly provocative dancer banished, due to her supposedly suggestive moves, from dances held at town's community center brings federal civil rights claim and wins a portion of her Fourth Circuit appeal from an order dismissing the case" reporting on a ruling that the U...
Assessing patent validity: Prior art can anticipate patent claim even if claim is non-obvious
When determining whether a patent claim is valid in view of prior art, the USPTO or a court will examine whether a single prior art item anticipates the claim, or whether a combination of prior art renders it obvious...
"May issue" carry permits and Equal Protection
Prof. Volokh notes a District Court ruling allowing a claim that an Iowa sheriff violated Equal Protection and the First Amendment by refusing a carry permit based on his political activities...
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