Search for: "4th District Court of Appeal"
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6 Sep 2023, 6:22 am
The Court of Appeal of California (Fourth District) recently reversed a trial court’s dismissal of a putative class action alleging a solar energy system provider violated the Rosenthal Act, California’s parallel version of the federal Fair Debt Collection Practices Act. [read post]
6 Sep 2023, 5:24 am
Appeals Bd. (2009) 170 Cal.App.4th 1535 [74 Cal. [read post]
5 Sep 2023, 1:57 pm
In re Monolithic Power Sys., Inc., 50 F.4th 157 (Fed. [read post]
5 Sep 2023, 6:51 am
The court of appeals affirmed the district court’s holding that AMG had no bearing on a district court’s contempt powers. [read post]
1 Sep 2023, 11:03 am
The United States Court of Appeals for the Tenth Circuit—whose decisions bind Colorado's school districts—has likewise made clear that any forecast of substantial disruption must rest on a "concrete threat" of substantial disruption. [read post]
31 Aug 2023, 8:36 am
Importantly, a purchaser for value or a lender with a security interest takes title after the death of the first spouse to die (but interestingly, not during their joint lives) free of any rights of the other spouse or his or her personal representative or beneficiary.[7] The probate court has no duty to discover whether assets titled in a decedent’s name are community property and a personal representative has no duty to discover whether property titled in the decedent’s name… [read post]
31 Aug 2023, 8:36 am
Importantly, a purchaser for value or a lender with a security interest takes title after the death of the first spouse to die (but interestingly, not during their joint lives) free of any rights of the other spouse or his or her personal representative or beneficiary.(7) The probate court has no duty to discover whether assets titled in a decedent’s name are community property and a personal representative has no duty to discover whether property titled in the decedent’s name… [read post]
30 Aug 2023, 4:01 pm
Both Amgen and Sandoz appealed. [read post]
29 Aug 2023, 10:05 am
“I fought the law and the law won” – The Crickets In an opinion filed July 19, and later ordered published on August 16, 2023, the Second District Court of Appeal (Div. 6) reversed the trial court’s grant of a preliminary injunction in a CEQA action enjoining the Santa Barbara County Road Commissioner from enforcing public laws by removing unpermitted encroachments from a public right-of-way. [read post]
29 Aug 2023, 2:05 am
A recent case from the U.S. 4th Circuit Court of Appeals is a reminder that pretext alone—that is, arguing that the employer’s nondiscriminatory reason isn’t legitimate—won’t suffice. [read post]
29 Aug 2023, 2:05 am
A recent case from the U.S. 4th Circuit Court of Appeals is a reminder that pretext alone—that is, arguing that the employer’s nondiscriminatory reason isn’t legitimate—won’t suffice. [read post]
27 Aug 2023, 3:56 pm
Can the decision to grant removal or grant remand be appealed? [read post]
27 Aug 2023, 3:02 pm
The district court dismissed the suit under the FCA’s public disclosure bar discussed above. [read post]
26 Aug 2023, 9:13 am
However, that opinion was from a district court in the Fifth Circuit, and this lawsuit is in the Ninth Circuit. [read post]
26 Aug 2023, 5:00 am
Ginn-La Pine Island, Ltd., 192 So.3d 77 (Fla. 5th DCA 2016), Florida Fifth District Court of Appeal explained that the “law necessarily presumes that parties to a contract have read and understood [the contract’s] contents. [read post]
25 Aug 2023, 7:40 am
Dallas County,[1] the United States Fifth Circuit Court of Appeals, sitting en banc, handed down a significant Title VII ruling that has far-reaching implications for future employment discrimination cases in Louisiana, Mississippi, and Texas. [read post]
25 Aug 2023, 4:05 am
McKnight, (D MD, Aug. 24, 2023), a Maryland federal district court refused to issue an injunction to allow parents to opt their public-school children out of classroom reading and discussion of books with LGBTQ themes. [read post]
24 Aug 2023, 11:44 am
In this vein, Florida’s Fourth District Court of Appeal, in Anakarli Boutique, Inc. v. [read post]
23 Aug 2023, 6:11 am
“Court of Appeal: Ethics Rule Didn’t Justify Total Disqualification of Lawyers” — “The two members of a father-and-son law firm were properly barred from representing the firm in its fraud/breach-of-contract action against two former clients who failed to pay for services and a lawyer, the Fifth District Court of Appeal held yesterday, but declared that there was no reason to order that they play no role in the trial… [read post]
21 Aug 2023, 2:57 pm
” On appeal, a three-judge panel of the Fifth Circuit affirmed the district court’s dismissal. [read post]
