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Under the Rooker-Feldman doctrine, a party may not file a federal suit seeking to review and reject a state-court judgment that was issued before the federal suit started. But must that state-court judgment be from a state’s...more
The distinction between waiver and forfeiture is a common subject in appellate decisions. In theory, that distinction is straightforward: “[f]orfeiture is the failure to make the timely assertion of a right” while “waiver is...more
A basic rule in the adversarial system is party presentation: the parties “frame the issues for decision,” while the court serves as a “neutral arbiter” of the issues those parties present. United States v. Sineneng-Smith,...more
This week, the Ninth Circuit considers the adequacy of a class representative and addresses the Fair Labor Standards Act’s overtime exceptions. KIM v. TINDER, INC. The Court holds that a named plaintiff bound by an...more