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27 Jun 2013, 9:08 pm
Four of the 8 judges would have remanded with instructions for the district court to issue a preliminary injunction, but lacking a 5th vote for that, the court instead remanded for the district court to resolve two other issues as to whether an injunction should issue-- the balance of equities and the public interest-- before issuing the injunction.Five of the 8 judges (those who joined Part V of Judge Tymkovich's opinion) held that… [read post]
22 Feb 2010, 3:57 am
The court's introductory paragraph: This is an appeal by a student convicted of having marijuana in his pockets while he was at school. [read post]
29 Jun 2009, 6:19 pm
Shane Baker-Chaput and Christine O’Brien, — So.3d —-, 2009 WL 1809921 (Fla. 5th DCA June 26, 2009), the Florida Fifth District Court of Appeals appears to have put to rest many of the issues dividing the federal courts on Florida law, as it applies to Interstate Land Sales Full Disclosure Act (“ILSA”). [read post]
18 Jan 2007, 3:33 am
In these consolidated appeals, Blair and Trussell challenge the district court's assumption of subject matter jurisdiction over their claim against Burr & Forman, and the court's authority to enjoin them from prosecuting that claim in state court. [read post]
10 Nov 2017, 7:55 am
., No. 16-31150, ___ F.3d ___ (5th Cir. 11/7/17). [read post]
10 Nov 2017, 7:55 am
., No. 16-31150, ___ F.3d ___ (5th Cir. 11/7/17). [read post]
1 Apr 2011, 7:31 am
Recently, the Florida Fifth District Court of Appeals held in accordance with this law in State v. [read post]
3 Dec 2019, 1:53 pm
As the California Court of Appeal explained earlier this year in Muller v. [read post]
15 Apr 2022, 1:16 pm
Courts of Appeals for the 5th and 10th Circuits have held, or whether courts must also consider all other relevant federal railroad statutes (such as the Federal Railroad Safety Act), as the U.S. [read post]
17 Jan 2008, 2:11 pm
Earlier Thursday, the 5th Circuit Court also refused to bar the enforcement of the loyalty oath pending an appeal by Kucinich to the Supreme Court. [read post]
25 Mar 2020, 9:44 am
Prior to the Supreme Court’s decision, the CRCA had been struck down as unconstitutional by district and appellate courts in the 1st, 2nd, 4th, 5th, 6th, 9th, and 11th Circuits. [read post]
25 Mar 2020, 9:44 am
Prior to the Supreme Court’s decision, the CRCA had been struck down as unconstitutional by district and appellate courts in the 1st, 2nd, 4th, 5th, 6th, 9th, and 11th Circuits. [read post]
10 Mar 2010, 12:48 pm
Here, the district court's inquiry seemed to imply that the defendant had the right to appeal. [read post]
23 Nov 2016, 6:14 am
This post examines an opinion from the California Court of Appeal – Fourth District: People v. [read post]
28 Sep 2020, 3:00 am
The Court then reversed the district court’s denial of the State’s renewed JMOL motion on the Penn Central test as well. [read post]
29 Feb 2016, 9:11 am
In 2013, a federal district court in Oregon held the regulation invalid based on Cumbie. [5] A district court in Nevada followed suit in 2014. [6] The Ninth Circuit reversed both district courts in Oregon Restaurant. [read post]
27 Feb 2015, 5:44 am
We assume, as the District Court did, that Mr. [read post]
27 Feb 2015, 5:44 am
We assume, as the District Court did, that Mr. [read post]
20 Jul 2007, 7:21 am
Circuit Court of Appeals or, for that matter, with the opinion of the U.S. [read post]
21 Nov 2013, 7:57 am
Related posts:SD of Texas Compels Arbitration with Nonsignatory in Maritime Dispute Fourth District Appeals Court Orders Local Firefighters to Arbitrate Benefits Dispute With City of San Antonio [read post]
