Search for: "Lopez v. USA"
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1 Apr 9:54 am
Last week in Chalk v. T-Mobile USA, the Ninth Circuit Court of Appeals applied Oregon law to invalidate a contractual class action
waiver. The court held that, where individual damages from breach of a ... the Court severed those provisions that would prevent the arbitrator from awarding attorney fees to the
plaintiff. On appeal, the Ninth Circuit relied on Vasquez-Lopez v. Beneficial Oregon, Inc., an Oregon Court of Appeals case decided
after the district court issued its ruling. Applying Vasquez- ...
8 Jun, 2007 2:02 pm
... not, however, result in the loss of the petitioner's right to judicial review. See Lopez-Ruiz v. Ashcroft, 298 F.3d 886, 887 (9th
Cir. 2002). In ... petition in part and deny it in part. 07a0208p.06 2007/06/05 TransAmerica v. USA, et al. Western District of Kentucky
at Louisville COOK, Circuit Judge. Settlement ... appeal, Plaintiffs argue that the Supreme Court's recent narrowing of the probate exception in Marshall v. Marshall, 126 S.Ct.
1735 (2006), renders the exception inapplicable to this case. We ...
17 Jul, 2007 11:28 am
For publication opinions today (6): In Magdalena Lopez v. State of Indiana , a 13-page opinion, Judge Sullivan writes: Following her
plea of guilty but mentally ill to two counts of Murder, a felony, Appellant-Defendant, Magdalena Lopez, appeals her aggregate sentence of 110
years in the Department of Correction by claiming it is inappropriate in light ... trial court is affirmed." William F. Shane and Martha J. Shane v. Home Depot USA, Inc., Gershman-Brown & Associates, Inc., and G.B. ...
23 Jan, 2008 12:15 am
... Act preempted the determination that the class action waiver was unconscionable. In another recent case, Shroyer v. New Cingular Wireless Servs., Inc., 498 F.3d 976 (2007),
... 2d 1367, 1377 (D. Ga. 2006) (applying Georgia law); Tillman v. Commercial Credit Loans, Inc., 177 N.C. App. 568, 629 S.E.2d 865, 875 (2006); AutoNation USA Corp. v. Leroy, 105 S.W.3d 190, 199-200 (Tex. ... 2006-Ohio-3353 ¶ 36, 2006 WL 2243649 (Ohio Ct. App.); Vasquez-Lopez v. Beneficial Or., Inc., 152 P.3d 940 (2007); Thibodeau ...
6 Dec, 2006 2:15 pm
For more on yesterday's ruling in Lopez v. Gonzales, Linda Greenhouse of the New York Times discusses the decision here, and Steve Sady,
the Chief Deputy Federal Public Defender in Portland, Oregon, discusses it here at the Ninth Circuit Blog. For further coverage of the school cases argued Monday, see this op-ed in the
USA Today by Jonathan Turley (via How Appealing) or this post at BoardBuzz.com, which is run by the National School Boards Association.
Yesterday afternoon, Justices ...
8 Mar, 2007 5:20 am
We've already posted a number of items about Philip Morris USA v. Williams, 127 S.Ct. 1057 (2007), but like a kids in a candy store, ...
government warning requirements precluded a finding of "wantonness" necessary to punitive damages in Richards v. Michelin Tire Corp., 21 F.3d 1048, 1059 (11th Cir. ... 499 S.E.2d
737, 743 (Ga. App. 1998); Welch v. General Motors Corp., 949 F. Supp. 843, 845 (N.D. ... Railroad Co., 50 S.W.3d 226, 249 (Mo. 2001); Lopez v. Three Rivers Electrical Cooperative, Inc., 26 S.W.3d ...
13 Jun, 2008 12:12 pm
... receptive to preemption arguments in cases where FDA-approved warnings were allegedly inadequate. Feldman v. Lederle Laboratories, 592 A.2d 1176 (N.J. 1991), rejected
preemption in a ... a discovery rule that required knowledge of an "actionable claim" - including tortious conduct. E.g., Lopez v.
Sawyer, 300 A.2d 563 (N.J. 1973). The state applied that rule ... choice. We date this sea change from the Supreme Court's decision in Thiedemann v. Mercedes-Benz USA, LLC, 872 A.2d 783 (N.J. 2005), in which the ...
31 May, 2007 3:55 am
... number of copyright cases involving ther-worldy beings, see e.g., Penguin Book USA v. New Christian Church of Full Endeavor, Ltd.,
2000 WL 1028634 (S.D ... 1915(e) applies to all in forma pauperis proceedings, not just those filed by prisoners. Lopez v. Smith, 203
F.3d 1122, 1127 (9th Cir.2000)("section 1915 ... and legal conclusions, is frivolous where it lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S.
319, 325 (1989). Furthermore, "a finding of factual frivolousness is ...
28 Mar 3:20 pm
... action. The decision turned on whether a class arbitration waiver in a subscriber contract violated principles of unconscionability under Oregon law. The court held it did. Chalk
v. T-Mobile USA, Inc., No. 06-35909 (9th Cir. Mar. 27, 2009). The court followed Vasquez-Lopez
v. Beneficial Oregon, Inc., 152 P.2d 940 (Ore. Ct. App. 2007) (post here), in concluding that the arbitration clause itself -- without ...
29 Jun, 2008 12:17 pm
... Rights Act of 1964 (Title VII). 08a0222p.06 2008/06/26 USA v. Pacheco-Lopez Western
District of Kentucky at Louisville MERRITT, Circuit Judge. The defendant, ... Battle Creek Western District of Michigan at Grand Rapids 08a0364n.06 Essex Ins Co v. Fidelity &
Guaranty Eastern District of Michigan at Detroit 08a0365n.06 Saneh v ... . BGSA LLC Eastern District of Tennessee at Knoxville 08a0375n.06 Margaret Kidd v. Commissioner of
Social Securit Eastern District of Kentucky at London 08a0376n.06 Coleman- ...
29 Jun, 2008 12:17 pm
... Rights Act of 1964 (Title VII). 08a0222p.06 2008/06/26 USA v. Pacheco-Lopez Western
District of Kentucky at Louisville MERRITT, Circuit Judge. The defendant, ... Battle Creek Western District of Michigan at Grand Rapids 08a0364n.06 Essex Ins Co v. Fidelity &
Guaranty Eastern District of Michigan at Detroit 08a0365n.06 Saneh v ... . BGSA LLC Eastern District of Tennessee at Knoxville 08a0375n.06 Margaret Kidd v. Commissioner of
Social Securit Eastern District of Kentucky at London 08a0376n.06 Coleman- ...
14 Jan 10:49 pm
... , NSW : Lawbook Co., 2008. China CALL # DS734.95 .H36 2004 V.R. AUTHOR Hammond, Kenneth James. TITLE From Yao to Mao [videorecording] : 5000 years ... America's high schools
/ Kenneth Dautrich, David A. Yalof, and Mark Hugo Lopez. IMPRINT Lanham, MD : Rowman & Littlefield Publishers, 2008 Constitutional Law CALL
... den Exter. IMPRINT Antwerpen : Maklu ; Portland, Or. : International Specialized Book Services [distributor for USA & Canada], c2008.
International Law CALL # KZ6368 .D69 2008. AUTHOR ...
20 Nov, 2007 1:45 pm
... Air Force Appellate Government Division also wrote that "the United States stands on the Amicus Curiae brief previously submitted to this Court in Lopez de Victoria and Michael." How can "the United States" simultaneously advance diametrically opposed positions in four different cases ... trial tactics
by COL Keith Hodges, JA, USA (Ret.). Here's an excerpt: 15. At trial, what do the parties call themselves? Look at the charge sheet. It is
United States v. Private Michael Jones. The TC should always ...
17 Nov 10:24 am
... RE: BUDEPRION XL MARKETING AND SALES PRACTICES LITIGATION Motion of defendants Teva Pharmaceuticals USA, Inc.; Teva Parenteral Medicines,
Inc.; Anchen Pharmaceuticals, Inc.; and Impax Laboratories, ... RE: AMERICAN EXPRESS CO. ANTI-STEERING RULES ANTITRUST LITIGATION Motion of plaintiffs Lopez-Dejonge, Inc.; Parlor Corp.; JASA, Inc.; Italian Colors Restaurant; Cohen Rese Gallery ... al., C.A. No. 2:09-2309 District of Nevada Josefa S.
Lopez, et al. v. Executive Trustee Service, LLC, et al., C.A. No. 3: ...
23 Apr, 2008 11:49 am
... T. Nichols, a 67-page (!) opinion, Judge Robb writes: Prime Mortgage USA, Inc. ("Prime"), and David Law (referred to collectively as the
"Defendants") appeal following the ... failure to fully develop an ineffectiveness argument pertaining to trial counsel." In Nicole A. Schaffer v. Robert J.Schaffer, an 11-page
opinion, Judge Vaidik writes: Nicole ... we affirm the judgment of the trial court. Mario L. Sims, Sr. v. Linda Lopez - "Mario Sims
appeals the trial court's affirmation of a protective order ...
18 May 5:24 am
... which seek to prevent former employee from working for a competitor: Raymond Edwards II v Arthur Andersen (Intellectual Property Law Blog) US Patent Reform Congressional ...
TTAB affirms descriptiveness refusal of SILICON ULSTRASOUND: In re Siemens Medical Solutions USA, Inc (not precedential) (TTABlog) TTAB: Board
sustains opposition to LAM for rum ... S for rum: Corby Distilleries Limited v Augusto Ramon Lopez, Eva Maria Lopez and Maximo Ignacio Lopez (not precedential) (TTABlog) Tip from the TTABlog ...
28 Mar, 2008 6:00 am
... . But some people just never give up. Take, for example, O'Brien v. Camiscasca Automotive Engineering (2008) ___ Cal.App.4th ___ (B195641). Mr. ... false representation? Mr.
O'Brien bought an Audi license plate frame. Stamped on the back of the package were the words "Made in USA." O'Brien alleged that it was not,
in fact, made in the ... put a stop to this kind of nonsense. Friday off-topic post: RIP Israel "Cachao" Lopez, bassist and the inventor of
Mambo, passed away last Saturday at age 89 in Florida ...
31 May 4:30 am
... , where a newly elected State Court judge declined to recuse himself from a case involving one of his biggest contributors. (USA Today).
[Update: On June 8, 2009, the Supreme Court released its decision in Caperton v. Massey Coal Co., holding that, ... the ballot and that the First Amendment cannot be used to
regulate the internal processes of political parties. (New York State v. Lopez-Torres). Overall, there does not appear to be a "right"
judicial appointment system. If there are open elections, ...
18 Dec, 2007 7:42 am
... E-mail: briantn@gte.net NW CHADD, San Juan County Branch Lopez, WA Phone: (360) 468-2104 E-mail: loismae@yahoo.com NW CHADD, ... Olympia,
WA 98504-8314 Phone: (360) 586-3558; (800) 634-4473 (V/TTY/Toll Free) Web: www.wa.gov/ddc Helping Hands for the Disabled P. ... Rock Office P.O. Box 775 Castle Rock, WA 98611
Ph/v/Fax*64:(360)274-0316 E-mail:wapave@tdn.com FAS ... -mail: Pgriffiths@sowa.org Web: http://www.sowa.org Disabled Sports USA
Northwest - "Team USAble" 20015 SE 95th Street Issaquah, WA 98027-8654 ...
6 Feb, 2008 8:07 am
... certiorari Brief in opposition __________________ Docket: 07-683 Case name: Schriro v. Lopez Issue: Whether, under AEDPA, the
defendant exhausted his ineffective assistance ... opposition __________________ Docket: 07-699 Case name: Five Star Parking v. Union Local 723, International Brotherhood of
Teamsters Issue: Whether, under the National ... forthcoming) __________________ Docket: 07-806 Case name: Philip Morris USA, Inc. v.
Accord Issue: Whether, under the Due Process Clause, defendants' liability ...
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