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7 Nov 2014, 5:47 am
Court of Appeals for the 5th Circuit 1974). [read post]
6 Nov 2014, 3:15 pm
Court of Appeals for the District of Columbia Circuit that human beings held in Guantanamo Bay are not considered “persons” under RFRA, and are therefore outside of the statute’s protections. [read post]
4 Nov 2014, 7:24 am
One aspect of this is discussed in a 2003, United States 5th Circuit Court of Appeals case. [read post]
31 Oct 2014, 1:07 pm
On appeal to the First District, Perdido Sun argued that the “willful tort” exception to the immunity provision applied to its bad faith action. [read post]
27 Oct 2014, 11:35 am
County of Fresno (5th Dist. 2014) 226 Cal.App.4th 704, now unciteable and pending review as Supreme Court Case No. [read post]
27 Oct 2014, 10:52 am
A recent 5th District Court of Appeal ruling serves as a reminder that, although these submissions are permissible and often helpful to trial judges, courts should be hesitant to adopt them in their entirety when the opposing side has no opportunity to comment or object. [read post]
27 Oct 2014, 4:30 am
Recently Florida’s Fifth District Court of Appeal (“5th DCA”) issued a ruling related to whether a policyholder had waived the right to participate in the appraisal process.1 The right to participate in appraisal under the policy can be waived if actions are taken that are inconsistent with that right. [read post]
24 Oct 2014, 5:40 am
Ohio's 2nd District Court of Appeal had found the accident to be compensable, relying on the dual-purpose doctrine in reaching that conclusion.The Ohio Supreme Court reversed the 2nd DCA, saying there was no causal relationship between the worker's job and the accident.Last year, the 5th District Court of Appeals ruled in Friebel v. [read post]
23 Oct 2014, 11:33 am
So Lake appealed the denial of sanctions to the Illinois Fifth District Court of Appeals. [read post]
21 Oct 2014, 5:42 pm
Solutions, Inc., 365 F.3d 353, 366 (5th Cir. 2004). [read post]
17 Oct 2014, 10:00 am
The United States Court of Appeals for the Fifth Circuit has reversed portions of a district court’s order compelling arbitration in a contract dispute. [read post]
12 Oct 2014, 7:28 am
A 2008, 5th Circuit Court of Appeals opinion discusses one aspect of these punitive damages. [read post]
11 Oct 2014, 4:15 pm
The trial court’s dismissal of the lawsuit on immunity grounds was reversed by the First District Court of Appeal, which held Citizens is not immune from a bad faith claim because Citizens’ statutory immunity has an exception for “willful torts. [read post]
8 Oct 2014, 4:48 pm
Conversely, the Fifth District Court in Bostic v. [read post]
8 Oct 2014, 8:56 am
On the other hand, he could vote to affirm the decisions, shifting attention to the remaining circuit courts (the 5th, 8th, and 11th). [read post]
8 Oct 2014, 3:00 am
The District Court had relied on Louisiana ex rel. [read post]
6 Oct 2014, 5:36 pm
Accordingly, the court dismissed the appeal. [read post]
6 Oct 2014, 6:00 am
On September 25, 2014, the Fifth Circuit Court of Appeals, sitting en banc, rendered its decision in the high-profile case McBride v. [read post]
5 Oct 2014, 9:01 pm
He appealed. [read post]
5 Oct 2014, 8:22 am
Recently, Florida’s Fifth District Court of Appeal (“5th DCA”) interpreted an appraisal provision of an insurance policy which stated that a party must select a “competent and disinterested appraiser. [read post]
