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11 Mar 2024, 6:10 am
The district court had held that the plaintiffs failed to prove scienter, but the appeals court found the complaint pleaded that one of the individual defendants both made materially false and misleading statements and did so with scienter.Judge Sanchez dissented from the Ninth Circuit opinion. [read post]
8 Mar 2024, 9:12 am
However, in light of the California Supreme Court’s recent decision in Adolph, the plaintiff appealed, and the Ninth Circuit granted review. [read post]
8 Mar 2024, 3:00 am
Appeals Court Ruling Means Over 100 Jan. 6 Rioters May Be Resentenced MSN – Rachel Weiner and Spencer Hsu (Washington Post) | Published: 3/1/2024 A federal appeals court overturned a sentencing enhancement used against January 6 defendants charged with felony obstruction, a decision that means that over 100 convicted rioters may have to be resentenced. [read post]
4 Mar 2024, 5:56 pm
Pix credit here In a 53 page opinion, the United States District Court for Northern Alabama has ruled, in National Small Business Association v. [read post]
4 Mar 2024, 5:59 am
On March 1, 2024, the United States District Court for the Northern District of Alabama declared the Corporate Transparency Act (“CTA”) unconstitutional. [read post]
2 Mar 2024, 10:11 am
Better Mortgage Corporation In an appeal addressing issues which frequently confront district courts when managing FLSA collective action and prospective opt-ins to such cases, the Ninth U.S. [read post]
1 Mar 2024, 12:30 pm
District court: "Prescriptive easements are not favored in law," but the recycling facility prevails. [read post]
29 Feb 2024, 3:23 pm
” On appeal, however, the Ninth Circuit wrote as if liability had been established. [read post]
29 Feb 2024, 12:32 pm
As the case comes to the court this time, the only issue is who – the district court or the arbitrator – should decide whether the dispute belongs in arbitration. [read post]
28 Feb 2024, 6:18 am
Courts of Appeal. [read post]
28 Feb 2024, 5:31 am
DOL Appeals EEO-1 FOIA Ruling to Ninth Circuit Court of AppealsBy Lauren B. [read post]
23 Feb 2024, 1:06 pm
We agree with Twitter and urge the Ninth Circuit to reverse the lower court. [read post]
23 Feb 2024, 12:34 pm
But perhaps because the litigants indicated that “the parties are currently engaged in the remedial process aimed at adopting a new [electoral district] map” in the remaining case, the Supreme Court took the unusual step of remanding to the district court “with instructions to enter a fresh judgment from which an appeal may be taken to the United States Court of Appeals for the Ninth Circuit. [read post]
23 Feb 2024, 12:30 pm
The district court denies the petition. [read post]
23 Feb 2024, 10:41 am
Court of Appeals for the Ninth Circuit lifted the moratorium on leasing coal on federal lands established in an August 2022 order issued by Chief District Court Judge Brian Morris in Montana. [read post]
22 Feb 2024, 10:47 am
… at least in Judge Sigler’s Court in the Northern District of Georgia. [read post]
21 Feb 2024, 10:14 am
Court of Appeals, Ninth Circuit, affirmed district court’s grant of summary judgment in favor of defendant insurer on plaintiff’s breach of implied covenant of good faith and fair dealing and breach of contract claims… Digests of WCAB Decision Denied Judicial Review Zelnik (Gerard) v. [read post]
16 Feb 2024, 12:30 pm
Five judges would have mandamus-ed the district court to stop the impending trial on this "historic national security crisis at the border. [read post]
16 Feb 2024, 4:27 am
”RM: There has been a lot of discussion about the consultant corollary over the past few years, ever since the Ninth Circuit considered Rojas v. [read post]
15 Feb 2024, 4:30 am
Court of Appeals for the Third Circuit. [read post]