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13 Jun 2024, 12:55 pm
ShareThe Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. [read post]
12 Jun 2024, 1:12 pm
Following his conviction and sentencing, the defendant appealed to the Minnesota Court of Appeals, arguing that the district court erred by denying his motion to suppress evidence on the conclusion that the apartment door handle and lock were not within the curtilage of the defendant’s home. [read post]
12 Jun 2024, 9:40 am
The petition contends that after correctly determining the district court erred in its obviousness analysis by misapplying the prior-art range precedent, the CAFC panel majority should have reversed or remanded for further fact-finding by the district court. [read post]
12 Jun 2024, 8:49 am
In a case arising out of an automobile accident that resulted in the deaths of two women in different vehicles, the husband sued, and after a judgment for the defendants asserted on appeal that the trial court erred by granting summary judgment in favor of the executor of the estate of the defendant driver. [read post]
12 Jun 2024, 7:29 am
Terumo BCT1 engaged in a rare original jurisdiction case pursuant to C.A.R. 21 and held that a district court trial judge erred in finding that: The attorney-client privilege does not apply to protect a client’s confidential communications of certain facts to trial counsel; and The duty of disclosure related to experts pursuant to C.R.C.P. 26(a)(2) required plaintiffs to disclose not only a spreadsheet provided to their expert, but also any privileged and confidential communications… [read post]
12 Jun 2024, 6:53 am
Aaron, could you please tell us a bit about your background and how you became interested in competition law and digital-competition regulation? [read post]
11 Jun 2024, 4:59 pm
” The appeals court concluded the stop was not proper pursuant to RCW 77.15.080 and that the suppression motion should have been granted, though it noted the lower courts had not erred in following the case law existing at the time. [read post]
11 Jun 2024, 5:00 am
Hansen’s job then was to figure out whether the lab had erred in its findings. [read post]
11 Jun 2024, 4:30 am
On behalf of the plaintiff, the EEOC argued to the appellate court that the judges erred by applying heightened “summary judgment-like scrutiny” that was inappropriate at the pleading stage. [read post]
10 Jun 2024, 6:39 pm
Procedural Background In May 2022, the California Supreme Court held that meal and rest penalties (i.e. premium pay) constitute “wages” for purposes of wage statement violations and waiting time penalties (“Naranjo I”), and remanded two questions to the Court of Appeal for consideration: (1) whether the trial court erred in finding Spectrum had not acted “willfully” in failing to timely pay employees premium pay (which barred waiting time penalties);… [read post]
10 Jun 2024, 11:28 am
Whether the PTAB erred in making its obviousness determinations. [read post]
10 Jun 2024, 11:16 am
Just last year, during 2023, the North Carolina Court of Appeals, in a discussion about jury instructions, explained: Defendant maintains that the trial court erred in its conspiracy instruction because the “instruction allowed the jury to convict [Defendant] of conspiracy based on one of two different victims, in violation of the unanimity requirement” for jury verdicts. [read post]
9 Jun 2024, 1:31 pm
“Best practices” that evolved in a pre-climate change reality and accepted the idea that there could be hours between the time the patient presented at the EMS tent and the time they got an ambulance, got to the ER, got diagnosed, and then hopefully got not just treated but received the correct treatment. [read post]
9 Jun 2024, 12:25 pm
He also argues the jury returned an impermissible compromise verdict and erred by failing to award him damages for future non-economic losses. [read post]
9 Jun 2024, 3:50 am
From the children’s books they read (“The Hate U Give,” “I Am Malala”) to the young role models who were honored (Greta Thunberg, David Hogg) to the social justice movements that were praised (Black Lives Matter, MeToo, climate justice), Gen Z-ers have been told it’s on them to clean up the boomers’ mess. [read post]
7 Jun 2024, 9:39 am
Vaccaro(Attorney presentment; whether trial court improperly suspended respondent attorney from practice of law for ninety days after attorney's inaction during representation of client led to dismissal, with prejudice, of client's personal injury lawsuit; claim that trial court erred when it failed to consider respondent's assertion that his due process rights were violated and that he was prejudice [read post]
Dealer Wins on Claim That Franchise Transfer Was Denied Due to Subjective and Unreasonable Standards
7 Jun 2024, 9:11 am
BMW then appealed to the Court of Appeals of Ohio and presented two assignments of error: (1) the common pleas court erred as a matter of law by concluding that BMW did not have good cause to deny the transfer and (2) the common pleas court abused its discretion when it found […] The post Dealer Wins on Claim That Franchise Transfer Was Denied Due to Subjective and Unreasonable Standards appeared first on Goldstein Law Firm. [read post]
7 Jun 2024, 8:52 am
The Connecticut Supreme Court affirmed discipline imposed by the trial court On appeal, the respondent claims that the court (1) erred by failing to consider that the delay in the underlying disciplinary proceedings violated his due process rights and (2)... [read post]
7 Jun 2024, 3:00 am
The North Carolina Supreme Court determined that the trial court erred by (1) excluding hearsay statements from the children that their father was abusive toward Molly and that their father had become angry that evening upon his daughter awakening him, and (2) by excluding testimony from Thomas that he heard Molly yell “don’t hurt my dad” during the altercation. [read post]
6 Jun 2024, 2:03 pm
During the case’s first trip to the Supreme Court, Escobar argued that the Texas Court of Criminal Appeals erred in affirming his sentence based on its conclusion that there is no reasonable likelihood that the false DNA evidence could have affected the judgment of the jury. [read post]
