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5 Nov 2013, 8:09 am
” After the company’s motion to compel arbitration was dismissed, Radio One filed an appeal with the United States Court of Appeals for the Fifth Circuit. [read post]
8 Jun 2022, 3:33 pm
On appeal, in his reply brief, Shoner admitted the district court therefore lacked jurisdiction over the MMWA class claim but argued the district court still had federal question jurisdiction over his individual MMWA claim. [read post]
18 Nov 2022, 4:32 pm
McCraw, 719 F.3d 338, 344 n.3 (5th Cir. 2013). [read post]
24 Aug 2010, 11:34 am
The appellate court recalled its prior decisions establishing that district courts are given "wide latitude in determining the admissibility of expert testimony, and the discretion of the trial judge ... will not be disturbed on appeal unless manifestly erroneous. [read post]
6 May 2015, 4:32 am
Court of Appeals for the 5th Circuit 1994). [read post]
7 Dec 2023, 1:26 pm
MSCHF appealed to the Second Circuit (Case No. 22-1006), arguing that it was a reversible error for the district court to have ignored MSCHF’s First Amendment defense. [read post]
20 Jan 2015, 6:19 am
This is illustrated in a 5th Circuit Court of Appeals case styled, Ellis v. [read post]
14 Jul 2023, 10:32 am
Court of Appeals for the 5th Circuit struck down the rule. [read post]
Justices won’t block execution of Texas man who says he was denied a proper psychological evaluation
9 Nov 2022, 8:15 am
Court of Appeals for the 5th Circuit upheld that ruling. [read post]
4 May 2009, 10:30 am
And the Criminal Court of Appeals, and the 5th U.S. [read post]
8 Mar 2015, 6:45 pm
In the Dallas 5th District Court of Appeals case, In the Interest of A.B. [read post]
22 Aug 2011, 3:43 am
Lewis that failure of a court to impose a mandatory fine in a drug case does not render the sentence void; there’s some contrary law from the 1st and 8th Districts… The 37 days the trial court spend before ruling on defendant’s motion to suppress wasn’t unreasonable, says the 5th District in State v. [read post]
23 Apr 2021, 9:23 am
Boermeester then appealed, and the California Court of Appeal for the Second District reversed, remanding the matter back to the trial court. [read post]
1 Oct 2015, 1:42 pm
SCOTT SOUTHALL, Appellee On Appeal from the 295th District Court Harris County, Texas Trial Court Case No. 2014-33551 MEMORANDUM OPINION In this appeal we determine whether the trial court erred in denying a car dealer’s motion to compel arbitration in this suit for breach of warranty against the dealer and its warranty administrator. [read post]
27 Jan 2010, 10:01 am
Already, two federal appeals courts have reversed decisions by federal district courts to dismiss climate-change decisions. [read post]
25 Jul 2011, 3:47 am
The State appealed, and the Supreme Court reversed and remanded for consideration in light of State v. [read post]
10 May 2008, 2:56 pm
Fund, No. 07-30506 (5th Cir. [read post]
20 May 2016, 4:07 am
Arc Villages II, before Florida’s 5th District Court of Appeal in March 2016, was to argue the damage caps and elimination of punitive damages were against public policy and could not be severed from the rest of the agreement. [read post]
24 Sep 2021, 11:59 am
Court of Appeals for the 5th Circuit striking down some provisions of the Indian Child Welfare Act. [read post]
1 Feb 2021, 12:12 pm
Most federal courts have adopted this approach, which derives from a 1987 New Jersey district court opinion, Lusardi v. [read post]