Professor Sunstein cites a few examples of judicial deference over the past century, such as the per
curiam decision in Massachussetts Board of Retirement v. Murgia, 427 U.S. 307 (1976), in which the United States Supreme Court upheld a state law setting a mandatory retirement age of 50 for police officers, deferring to the legitimate interest identified in the state's pleadings.
In Pavan v. Smith, the court issued a per
curiam decision, over the published dissent of three justices, that requires the state of Arkansas to treat the issuance of birth certificates for the children of same - sex married couples exactly as it does for opposite - sex married couples.
Fourth Circuit panel per
curiam decision - upholding deliberate indifference standard in Title IX peer sexual harassment suits.
That hope was confirmed in March, when the court issued a per
curiam decision, saying, «The judgment is affirmed by an equally divided Court.»
Just nine days after hearing oral arguments, the Court produced a two - sentence per
curiam decision based on a 4 — 4, but unidentified, split.
This means that evidentiary standards were disregarded at the trial level and rubber stamped with PCAs (per
curiam decisions affirming without opinion) at the appellate level.
Not exact matches
The court announced its
decision in a per
curiam opinion dated March 8.
The case caused so much derision that the Justices issued separate
decisions, rather than a per
curiam opinion.
The majority will typically sign a single «per
curiam»
decision, which constitutes the...
Most recently, the Federal Circuit vacated the post-remand panel
decision and ruled in an en banc, per
curiam opinion that Limelight was liable for direct infringement.
This
decision has now forced the hand of the Fourth Circuit to vacate and remand in an unpublished per
curiam opinion the Washington Redskins» appeal of the district court
decision to uphold the PTO's cancellation of its six trademark registrations as disparaging to Native Americans.
Summary Dismissal Affirmed In Legal Malpractice Case Where Plaintiff Failed To Show That «Pertinent
Decision Makers» Of Government Agency «Would Have» Agreed To A «Better Result» But For The Alleged Incorrect Legal Advice Given By Lawyer During Settlement Negotiations Manveen Saluja, M.D v Honigman Miller Schwartz And Cohn LLP, et al, Unpublished Per
Curiam Opinion of the Michigan Court of Appeals, issued March 16, 2017 (Docket No. 330367)
In a short and unpublished per
curiam opinion, the U.S. Court of Appeals for the Sixth Circuit has upheld a lower court
decision affirming multiple listing service's requirement that only members of a REALTOR ® association could participate in the multiple listing service.