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5 Oct 2014, 7:27 am
A 1994, United States 5th Circuit Court of Appeals case is instructive as to when emotional distress is a covered claim. [read post]
3 Oct 2014, 7:55 am
Amedisys, Inc., No. 13-30580 (5th Cir. [read post]
29 Sep 2014, 5:52 am
” The court of appeals concluded that this concealment-by-telling-lies was indeed misprision. [read post]
27 Sep 2014, 9:16 am
Florida's Fifth District Court of Appeal has ruled that attorney-client privileges between an at-fault driver and an insurance defense lawyer are still protected, even in third-party bad faith insurance claims. [read post]
26 Sep 2014, 4:54 pm
A court, in interpreting a statute, should attempt to effectuate the attempt of the Legislature and is not free to legislate. in Pajak v Pajak, wherein the Court of Appeals held that the right to a divorce is statutorily created and since section 170 of the Domestic Relations Law did not provide for a defense to an action for divorce except upon the grounds of adultery, no defense could be offered to prevent plaintiff's claims of a right to a divorce on the ground of… [read post]
24 Sep 2014, 1:32 pm
In one recent case, a trial court's decision to grant a grandmother's custody-related motion survived because, according to the 5th District Court of Appeal, the motion complied with the rules of procedure, so the trial court was within proper bounds to hear it and rule on it. [read post]
24 Sep 2014, 9:53 am
5th and 11th CircuitThe courts are on guard to avoid this logical fallacy. [read post]
24 Sep 2014, 9:53 am
5th and 11th CircuitThe courts are on guard to avoid this logical fallacy. [read post]
23 Sep 2014, 1:10 pm
District Court Judge John Gerrard rejected this argument but allowed COR Clearing to pursue an interlocutory appeal to the Eighth Circuit. [read post]
20 Sep 2014, 11:07 am
The defendant on appeal cited to the unpublished Third Circuit opinion Court, Parker v. [read post]
18 Sep 2014, 4:29 am
"Based on a 2013 decision from the U.S. 5th Circuit Court of Appeals titled Truitt v. [read post]
15 Sep 2014, 7:15 am
The practices covers six courts of appeals [examples include, 22 F.3d 677 (5th Cir. 2013); 637 F.3d 783 (7th Cir. 2011); 604 F.3d 915 (6th Cir. 2010); 784 F.2d 176 (3d Cir. 1986); 659 F.2d 234 (D.C. [read post]
12 Sep 2014, 7:41 am
Court of Appeals, 5th Dist. 2014 More Blogs: Florida Appeals Court Refuses to Limit Discovery Regarding Doctor’s Relationship With Law Firm in Car Accident Negligence Case: Brown v. [read post]
Alimony That Requires Wife to Dip into Assets to Pay Monthly Expenses is Too Low, Appeals Court Says
10 Sep 2014, 10:06 am
A recent 5th District Court of Appeal ruling highlights the basic concept of alimony law in Florida, saying that alimony must be large enough to allow the recipient spouse to meet her living expenses without having to spend her assets just to pay her monthly bills. [read post]
8 Sep 2014, 1:30 pm
In a published opinion filed August 29, 2014, the Fifth District Court of Appeal affirmed a judgment granting a writ of mandate and finding that the City of Fresno erred in approving a mitigated negative declaration (MND) for an infill project involving the demolition of two houses and construction of 14 duplexes on a 1.29-acre lot in downtown Fresno. [read post]
7 Sep 2014, 11:56 am
A recent case out of the Fifth District Court of Appeal underscores, yet again, the importance of proper preservation of error. [read post]
7 Sep 2014, 11:56 am
A recent case out of the Fifth District Court of Appeal underscores, yet again, the importance of proper preservation of error. [read post]
4 Sep 2014, 7:47 am
In response, the defendants filed an interlocutory appeal with Texas’ Thirteenth District Court of Appeals in Corpus Christi. [read post]
4 Sep 2014, 4:58 am
The jury awarded Palmer $483,716.69 in damages.Texas Mutual appealed and on Friday, the 5th District Court of Appeals agreed with the carrier's procedural argument, finding an abuse of discretion by Molberg.The case troubles me on a couple of fronts.First, I don't understand why the carrier first approved, very quickly and expediently I might add, surgical treatment, and then delay, deny and otherwise welch on that deal. [read post]
3 Sep 2014, 4:17 am
The Court reversed a district court ruling which upheld a summary judgment issued by a bankruptcy court denying liens to the two drilling contractors. [read post]
