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31 Aug 2017, 2:32 pm
The nation’s Fifth Circuit Court of Appeals has upheld a federal district court’s order stating a $1.6 billion fraud lawsuit must be arbitrated. [read post]
31 Aug 2017, 12:38 pm
In an opinion originally filed on July 31, and belatedly ordered partially published on August 24, 2017, the Sixth District Court of Appeal affirmed the trial court’s judgment denying a writ petition brought by a citizens group (Highway 68) on CEQA and Planning and Zoning Law grounds, and upheld the Monterey County Board of Supervisors’ 2012 approval of a shopping center project. [read post]
31 Aug 2017, 12:38 pm
In an opinion originally filed on July 31, and belatedly ordered partially published on August 24, 2017, the Sixth District Court of Appeal affirmed the trial court’s judgment denying a writ petition brought by a citizens group (Highway 68) on CEQA and Planning and Zoning Law grounds, and upheld the Monterey County Board of Supervisors’ 2012 approval of a shopping center project. [read post]
29 Aug 2017, 1:24 pm
Less than two weeks after the Medidata decision, however, the district court in American Tooling Center, Inc. v. [read post]
28 Aug 2017, 4:00 am
The Court of Appeal (Second Appellate District, Division One) held, as a matter of law, on the pleadings, that this conduct did not violate the FAL, the UCL, or the CLRA: As a matter of law, Gap’s use of its own brand name labels on clothing that it manufactures and sells at Gap-owned stores is not deceptive, regardless of the quality of the merchandise or whether it was ever for sale at other Gap-owned stores. [read post]
27 Aug 2017, 2:25 pm
The Court of Appeal reversed the trial judgment. [read post]
25 Aug 2017, 3:34 pm
” The state’s filing is addressed to Justice Samuel Alito, who is responsible for emergency appeals from the 5th Circuit. [read post]
25 Aug 2017, 4:00 am
Prisma LLC, ___ Cal.App.5th ___ (Aug. 23, 2017), the Court of Appeal (Second Appellate District, Division One) held that the defendant "waived its right to seek arbitration by filing and then withdrawing a motion to compel arbitration against the named plaintiff, Maria Elena Sprunk, and then waiting until after a class had been certified to seek arbitration against class members. [read post]
24 Aug 2017, 7:20 am
The District Court of Appeal of the State of Florida, Fifth District, recently reversed final judgment of foreclosure entered in favor of a mortgagee that omitted interest and escrow amounts due, and remanded to the trial court to modify judgment to include these amounts. [read post]
24 Aug 2017, 5:00 am
Dec. 16, 2016), the Fifth Circuit Court of Appeals dismissed hedge fund Sessa Capital’s (“Sessa”) appeal of the district court’s decision. [read post]
24 Aug 2017, 5:00 am
Dec. 16, 2016), the Fifth Circuit Court of Appeals dismissed hedge fund Sessa Capital’s (“Sessa”) appeal of the district court’s decision. [read post]
22 Aug 2017, 8:14 pm
Court of Appeals of Texas, Second District, Fort Worth. [read post]
22 Aug 2017, 8:14 pm
Court of Appeals of Texas, Second District, Fort Worth. [read post]
21 Aug 2017, 10:14 am
San Jacinto Community College District (Riverside County Regional Park & Open- Space District, Real Party in Interest) (4th Dist. 2017) ___ Cal.App.5th ___. [read post]
21 Aug 2017, 10:14 am
San Jacinto Community College District (Riverside County Regional Park & Open- Space District, Real Party in Interest) (4th Dist. 2017) 14 Cal.App.5th 104. [read post]
17 Aug 2017, 7:34 am
Earlier this year, a Fifth Circuit Court of Appeals panel ultimately affirmed the lower court’s order. [read post]
16 Aug 2017, 5:11 pm
JUDICIAL COUNCIL AWARDS GRANTS TO COURT OF APPEAL, FIFTH APPELLATE DISTRICTIn July 2017, the Court of Appeal, Fifth Appellate District in Fresno, California signed contracts with the Judicial Council of California in which funding for the following two grants was awarded as part of the Court Innovations Grant Program ($25 million allocated by the Budget Act of 2016 for the establishment, operation, administration and staffing of trial and… [read post]
16 Aug 2017, 11:38 am
Court of Appeals for the 5th Circuit panel (Block v. [read post]
16 Aug 2017, 5:45 am
The 1st District Court of Appeals in Houston provides a three prong methodology for determining whether a third party’s records may become part of another entity’s records as an exception to the hearsay rule. [read post]
16 Aug 2017, 5:45 am
The 1st District Court of Appeals in Houston provides a three prong methodology for determining whether a third party’s records may become part of another entity’s records as an exception to the hearsay rule. [read post]