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18 Jul 2014, 6:48 am
First, the appeals court rejected UT-Austin’s request that it send the case back to the district court for a potentially lengthy hearing on factual issues...Second, by handing a defeat to Fisher, the court empowered her to appeal the case to the full Fifth Circuit and then to the Supreme Court. [read post]
17 Jul 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]
11 Jul 2014, 5:13 pm
Westlands Water District, et al., __ Cal.App.4th __, 2014 WL 2986668 (5th Dist. 2014). [read post]
11 Jul 2014, 4:52 pm
Westlands Water District, et al., __ Cal.App.4th __, 2014 WL 2986668 (5th Dist. 2014). [read post]
10 Jul 2014, 7:12 am
Anderson filed a timely notice of appeal. [read post]
9 Jul 2014, 9:29 am
Let me know via Twitter @plagiarismtoday. 1: 5th Circuit Gets Tricky Trade Secret Case First off today, Bloomberg BNA reports that the 5th Circuit Court of Appeals will review the case of Spear Marketing v. [read post]
9 Jul 2014, 8:23 am
District Court for the Eastern District of Texas so that the appeal could proceed, although the U.S. [read post]
9 Jul 2014, 6:00 am
The Court of Appeals, reviewing the district court’s decision de novo, looked to Texas law to determine the parties’ substantive rights. [read post]
4 Jul 2014, 7:28 pm
And at least three circuits, the 5th, 6th and 9th, now have pre-assignment of judges. [read post]
3 Jul 2014, 12:36 pm
Castillo from the 5th District Dallas County Court of Appeals. [read post]
3 Jul 2014, 10:21 am
Sandquist appealed the August 14th Order, but did not include a notice of appeal of the October 5th Order. [read post]
2 Jul 2014, 4:05 am
Lucien, (5th Cir., June 30, 2014), involves appeals in two related cases growing out of a property ownership dispute between the national AME Church and a local congregation, St. [read post]
25 Jun 2014, 2:19 am
YATES, M.D., INDIVIDUALLY AND AS SHAREHOLDER IN DABAMA, INC., KATHLEEN YATES, DEBORAH TRAVIS AND SUSANNE TRAVIS FOR THE TRAVIS FAMILY, Appellees/Cross-Appellants. 3rd District.Torts -- Contracts -- Evidence -- Settlement agreement -- In action by Airport District against construction management contractor alleging negligence and contract claims arising out of installation of improper-sized sand in stormwater retention pond, it was error to admit evidence of District's… [read post]
24 Jun 2014, 8:46 am
City of Waco, 324 F.3d 813 (5th Cir.2003), the Fifth Circuit affirmed the district court’s cumulative offset calculation. [read post]
23 Jun 2014, 12:57 pm
More Nonsense on Differential Diagnosis The Supreme Court recently addressed differential etiology in Matrixx Initiatives, in stunningly irrelevant and errant dicta: “We note that courts frequently permit expert testimony on causation based on evidence other than statistical significance. [read post]
18 Jun 2014, 1:19 pm
The Court is cognizant of the recent decision by the New York Court of Appeals where the traditional concept of collateral estoppel was replaced by the full and fair opportunity test in applying the doctrine. [read post]
16 Jun 2014, 7:28 pm
The district court thus rejected Argentina’s argument, as did the Court of Appeals. [read post]
16 Jun 2014, 2:47 pm
County of Fresno (5th Dist. 2014) __ Cal.App.4th __, 2014 WL 2199317. [read post]
16 Jun 2014, 11:59 am
That postjudgment litigation “has involved lengthy attachment proceedings before the district court and multiple appeals. [read post]
13 Jun 2014, 1:52 pm
In response, Anderson filed an appeal with the Fifth Circuit Court of Appeals. [read post]
