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16 Jul 2017, 4:22 pm
Tex. 2011).JASON OWENS; TERRY MARIE OWENS, Plaintiffs-Appellants,v.SPECIALIZED LOAN SERVICING, L.L.C., Defendant-Appellee.No. 16-20557.United States Court of Appeals, Fifth Circuit.Filed June 5, 2017..Appeal from the United States District Court for the Southern District of Texas, USDC No. 4:15-CV-1254.Before: KING, JOLLY, and PRADO, Circuit Judges.PER CURIAM.[*]Jason and Terry Marie Owens appeal the district… [read post]
14 Jul 2017, 7:28 am
The District Court of Appeal of Florida, Fifth District, recently held that a foreclosure complaint was not time-barred despite the initial default occurring outside Florida’s five-year statute of limitations, because the mortgagee both alleged and proved that the borrowers defaulted on every payment due from the date of the initial default. [read post]
10 Jul 2017, 4:04 pm
San Mateo County Community College District (2016) 1 Cal.5th 937, the Appellate Court invalidated the District’s reliance upon the addendum to the previously adopted mitigated negative declaration. [read post]
10 Jul 2017, 4:00 am
., ___ Cal.App.5th ___ (Jul. 7, 2017), the Court of Appeal (Fourth Appellate District, Division One) considered a series of challenges to a post-trial judgment in a certified class action alleging that the plaintiff newspaper carriers were incorrectly classified as independent contractors, in violation of the Labor Code and thus the UCL. [read post]
9 Jul 2017, 9:30 am
Here are a few odds and ends of which Grits readers should be aware:5th Circuit: Government can't be held accountable in false convictions casesThe US 5th Circuit Court of Appeals really doesn't want the government held accountable for false convictions. [read post]
7 Jul 2017, 6:10 pm
Court of Appeals for the 5th Circuit. [read post]
7 Jul 2017, 11:51 am
Lieutenant Driver, 848 F.3d 678 (5th Cir. 2017); Gericke v. [read post]
7 Jul 2017, 11:23 am
The district court denied the motions and Traxxas appealed. [read post]
7 Jul 2017, 9:35 am
The district court rejected this position. [read post]
2 Jul 2017, 8:40 pm
“In each of these cases,” we argued, “the plaintiffs won the identified benefit at the district court level, lost it on appeal to the Sixth Circuit, see DeBoer v. [read post]
2 Jul 2017, 4:03 pm
District Court for the Northern District of California, San Jose Division, is scheduled to hear a motion for preliminary approval of the record data breach settlement in the Anthem class action case. [read post]
30 Jun 2017, 12:46 pm
The appeals court might find, as noted above, that the lower court’s order cannot stand in any way. [read post]
29 Jun 2017, 5:04 pm
JPMorgan Chase Bank, NA, (2017) 7 Cal.App.5th 907, the Second District Court of Appeals of California ruled that the “game is over” for a borrower that remained in possession of property for eight years after defaulting on payment of his mortgage. [read post]
29 Jun 2017, 4:59 pm
., (2017) 7 Cal.App.5th 1129, the California Court of Appeal, Fourth District, clarified the burden of proof that homeowners must satisfy to prove defects in new construction against materials suppliers. [read post]
29 Jun 2017, 4:53 pm
Santa Clara County Office of Education, (6th Dist. 2017) 7 Cal.App.5th 967, the California Court of Appeal for the Sixth District (San Jose) held that county boards of education lack the statutory authority under CA Government Code section 53094 to issue zoning exemptions for charter schools. [read post]
28 Jun 2017, 3:22 pm
On June 16, 2017 – without seeking either rehearing in the First District Court of Appeal or review by the Supreme Court – losing appellants Sierra Club and Center for Biological Diversity filed a letter asking the Supreme Court to depublish the First District’s (Division 1) recent opinion in Sierra Club v. [read post]
27 Jun 2017, 1:14 pm
The district court should have permitted Buck to reopen his federal habeas petition, and the 5th Circuit erred by denying him a certificate of appealability. [read post]
26 Jun 2017, 2:44 pm
We reverse.Some historySection 145 provides that an applicant dissatisfiedwith the PTAB’s decision may appeal directly to theUnited States District Court for the Eastern District ofVirginia in lieu of immediate appeal to this court. 35U.S.C. [read post]
26 Jun 2017, 7:45 am
This post examines a recent opinion from the Court of Criminal Appeals of Texas: State v. [read post]
26 Jun 2017, 6:23 am
Court of Appeals Cases Asadi v. [read post]
