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1 Nov 2012, 1:13 pm
The government argued for the first time on appeal first that § 3582(c)(2) only permits one motion for a sentence reduction and that the district court lacked jurisdiction to consider the second motion, and second, that the Law of the Case Doctrine precluded review. [read post]
19 Feb 2008, 7:43 am
The Second Circuit has certified an interesting question to the New York State Court of Appeals. [read post]
14 Dec 2009, 12:27 pm
Recognizing that the issue of mootness did not arise until after the appeal, the Second Circuit dismissed the appeal, vacated the district court’s decision granting summary judgment against the excess carrier and remanded that the district court consider whether the declaratory action is now moot. [read post]
5 Aug 2011, 8:16 pm
Easterly is his second nomination for the Court of Appeals. [read post]
27 Jun 2013, 6:30 am
Our firm represented JPMorgan both in the district court and on appeal. [read post]
17 Feb 2009, 8:05 am
In January 2009, the United States Court of Appeals for the Second Circuit affirmed a district decision granting a motion to dismiss an action alleging that defendants “conspired to influence the FCC. [read post]
29 Jun 2020, 12:30 am
The appeal is now being briefed to the Second Appellate District (B-302-521). [read post]
11 May 2015, 10:12 pm
Court of Appeals for the Second Circuit in ACLU v. [read post]
23 Feb 2022, 6:27 pm
LACBA Appellate Courts Section's Phil Goar Night of the Roundtables (Zoom webinar) will be March 2 from 5-6:30 (1.5 hours of appellate specialization mcle):Phil Goar Court attorneys and clerks from the Second Appellate District of the California Court of Appeal will share their insights and knowledge about various topics regarding practice before the Second District. [read post]
2 Dec 2013, 9:39 am
The percentages of detentions getting reversed by the District Court is very low, and the subsequent successful appeal to the Fifth Circuit is virtually nonexistent, so it is very important to hire a lawyer who knows how to most effectively present your case for release in the magistrate court. [read post]
17 May 2007, 1:33 am
The petition had been denied by the District Court on the merits, but the Second Circuit, in affirming the decision of the District Court, did not reach the merits, holding that review was barred by independent and adequate state law grounds. [read post]
17 Apr 2019, 6:09 am
These duties create a conflict with the Second District’s decision in Johnson, run contrary to prior Supreme Court precedent, and cannot be reconciled with the Americans with Disabilities Act (“ADA”). [read post]
19 Mar 2020, 9:55 am
This post summarizes the published criminal cases from the North Carolina Court of Appeals issued on March 17, 2020. [read post]
7 Feb 2023, 5:59 am
The district court said she failed to do so, and the Court of Appeals (Cabranes, Lynch and Robinson) agrees. [read post]
10 Mar 2022, 8:57 am
Second District Court of Appeal to resume in person arguments effective April 2022Beginning in April 2022, the Second District Court of Appeal, is resuming in person arguments consistent with updated state and local public health guidance. [read post]
25 Aug 2017, 7:44 am
The Second Circuit held that the district court correctly ruled that Workplace had standing (but found no need to determine whether Centro had standing). [read post]
24 Jan 2019, 11:09 am
The Court had previously held in its 2008 ruling in District of Columbia v. [read post]
1 Oct 2008, 6:00 am
., ___ Cal.App.4th ___ (Sept. 24, 2008), the Court of Appeal (Second Appellate District, Division Eight) addressed preservation of a challenge to instructional error on appeal: Initially, we address whether appellant has waived on appeal any claim that the jury was improperly instructed. [read post]
19 Aug 2010, 6:15 am
Court of Appeals reversed the District Court’s decision and remanded the case to the District Court. [read post]
18 Sep 2009, 11:06 am
I have some doubts about the analysis in this unpublished opinion issued yesterday by the California Court of Appeal (Second Appellate District, Division Two).The jury in this fraud case awarded $17.1 million in punitive compensatory damages and $1 million in punitive damages. [read post]
