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NC Supreme Court: Scientific experts can testify to out-of-court results

Posted by By Nigel Barrella July 17, 2013Posted inAppeals
In recent years, the U.S. Supreme Court has created a new field of evolving case law regarding the Sixth Amendment's confrontation clause (the criminal defendant's right "to be confronted with…
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About my case summaries

Posted by By Nigel Barrella July 14, 2013Posted inAppeals, Uncategorized
"Everything should be made as simple as possible, but not simpler." -Albert Einstein (attributed) Most of my blog posts are summaries of recent cases. I try to make these summaries…
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DC Circuit: EPA must regulate biogenic carbon

Posted by By Nigel Barrella July 12, 2013Posted inAppeals
In a divided opinion for the US Court of Appeals for the DC Circuit, Judge Tatel writes that the Environmental Protection Agency should be regulating carbon dioxide emissions from sources other…
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DC Court of Appeals: Multi-car collision merits multiple convictions

Posted by By Nigel Barrella July 11, 2013Posted inAppeals
In a split opinion today, the DC Court of Appeals rules that a criminal defendant can be charged with multiple counts of destruction of property stemming from a multi-car collision.…
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Fourth Circuit: Federal law governs limitations period for pollution suit

Posted by By Nigel Barrella July 10, 2013Posted inAppeals
In an opinion published today for the U.S. Court of Appeals for the Fourth Circuit, Judge Floyd writes that CERCLA, a federal environmental law, extends North Carolina's absolute ten-year limitations period…
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DC Circuit: Tax consequences of gambling same for non-U.S. residents

Posted by By Nigel Barrella July 9, 2013Posted inAppeals
In an opinion for the U.S. Court of Appeals for the D.C. Circuit, Judge Kavanaugh interprets section 871 of the tax code, which taxes non-U.S. residents' earnings in this country.…
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CAVC: Change in VA communication policy raises issues

Posted by By Nigel Barrella June 1, 2013Posted inAppeals
Note: This was posted to my old site earlier this year; I was able to recover a draft. I am posting it for posterity; the date stamp is an estimate…
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DC Circuit: FOIA request demands a real response

Posted by By Nigel Barrella May 1, 2013Posted inAppeals
Note: This was posted to my old site earlier this year; I was able to recover a draft. I am posting it for posterity; the date stamp is an estimate…
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