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30 Nov 2011, 10:07 am
Farey-Jones, 359 F.3d 1066 (9th Cir. 2004)).Ultimately, the case comes down to authority. [read post]
20 Aug 2008, 12:06 pm
Yarbrough,No. 06-5229, ___ F.3d ___ (10th Cir. [read post]
26 May 2017, 3:00 am
” Frederico, 507 F.3d at 193 quoting, Morgan, 471 F.3d at 473 Based on Morgan and Frederico the Court stated “the proponent of the federal subject matter jurisdiction is held to a higher burden; that is, the proponent of jurisdiction must show, to a legal certainty, that the amount in controversy exceeds the statutory threshold. [read post]
4 Feb 2021, 1:25 pm
This growth in pro-certification outcomes occurred on both Democratic- and Republican-Majority panels.We also find that final-judgment appeals involving (b)(3) issues are common among appeals, which casts doubt on the conventional wisdom concerning the class certification decision as the “death knell” for plaintiffs or defendants in such cases.We find significant variation over time in appeal outcomes under Rule 23(f), with defendants far more successful than… [read post]
4 Dec 2009, 7:58 am
Interco Inc., 719 F.2d 23, 32 (2d Cir. 1983). [read post]
11 Jan 2010, 6:48 pm
Co. of N.Y., 416 F.2d 1059 (5th Cir. 1969) and its progeny. [read post]
30 Jan 2009, 12:01 am
Kelley, __ F.3d __ (2d Cir. [read post]
15 Dec 2021, 1:31 pm
As I’ve mentioned before, 512(f) defendants will always say “I thought about fair use,” so that representation isn’t very enlightening, but the court was persuaded here. [read post]
8 May 2020, 3:19 pm
Services, Inc., 161 F.3d 1318 (11th Cir. 1998). [read post]
9 Apr 2018, 4:00 am
See In re Hyundai and Kia Fuel Economy Litigation, ___ F.3d ___ (9th Cir. [read post]
9 Apr 2018, 4:00 am
See In re Hyundai and Kia Fuel Economy Litigation, ___ F.3d ___ (9th Cir. [read post]
1 Aug 2020, 6:59 am
Inc., 509 F.3d 1344 (11th Cir. 2007). [read post]
25 Jul 2020, 9:14 am
§ 2000e-5(f)(1). [read post]
12 Apr 2010, 7:18 am
Defendants moved for transfer to the Northern District of California after, in one of the cases, the district judge decided summary judgment invalidating the patents-in-suit under In re Bilski, 545 F.3d 943 (Fed. [read post]
18 Jun 2018, 6:40 am
Beckton, 740 F.3d 303 (4th Cir. 2014) (trial judge determined that a self-represented defendant “would not be permitted to present narrative testimony. [read post]
6 Jul 2021, 3:20 pm
Moreover, in De La Riva, the Fourth District Court of Appeals stated “[f]ailure to substitute the proper representative or guardian nullifies subsequent proceedings. [read post]
26 May 2008, 8:26 am
Johnson, 256 F.3d 895, 908 (9th Cir. 2001) (30 minutes not hot pursuit)) and they were going door to door at 4 a.m. looking for him. [read post]
5 Oct 2011, 6:41 am
Judge Thomas F. [read post]
31 May 2016, 7:47 pm
Kpodi, _ F.3d _ (D.C. [read post]
13 Jun 2019, 2:11 pm
§ 3553(f) allows courts to sentence defendants below the mandatory minimum in certain situations. [read post]
