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22 May 2013, 6:38 am by Russell P. Schropp
It took a while, but the Florida Supreme Court recently upheld a 2011 5th District Court of Appeals' decision invalidating a city ordinance that gave priority to code enforcement liens over prior-recorded mortgages. [read post]
18 May 2013, 8:58 am by Jacek Stramski
The trial court and the 5th District Court of Appeal ruled against the City, and held that the Ordinance was invalid. [read post]
14 May 2013, 9:48 am
By Robert Sahyan On April 30, 2013, the United States Court of Appeals for the Ninth Circuit held that the bankruptcy court has authority to recharacterize as equity, rather than debt, advances of funds made purportedly as a loan to the recipient prior to its bankruptcy. [read post]
14 May 2013, 8:48 am by Sheppard Mullin
By Robert Sahyan On April 30, 2013, the United States Court of Appeals for the Ninth Circuit held that the bankruptcy court has authority to recharacterize as equity, rather than debt, advances of funds made purportedly as a loan to the recipient prior to its bankruptcy. [read post]
8 May 2013, 1:52 pm by Bob Eisenbach
Court of Appeals for the Ninth Circuit, made at the Circuit level and not by the lower BAP court, those days are over. [read post]
6 May 2013, 9:33 am by Jonathan Bailey
However, Aereo won a victory when a district court and an appeals court both refused to grant an injunction against the service, saying that Aereo’s use of tiny antennas, one per customer, meant that it was no different than what customers could do at home. [read post]
3 May 2013, 10:05 am by Susan Brenner
  The Court of Appeals then found that “[a]mple evidence supports the district court's contempt finding. [read post]
24 Apr 2013, 8:31 am by Rebecca Tushnet
  There is a horrific split among district courts throughout the 9th Circuit. [read post]
22 Apr 2013, 12:55 pm
For example, recently in a case not represented by our firm, Florida's 5th District Court of Appeal faced an appeal made by Dr. [read post]
19 Apr 2013, 10:47 am by Cicely Wilson
The First Circuit Court of Appeals affirmed the district court as to all claims, holding (1) the district court correctly concluded that the PSCBA’s findings precluded re-litigation of the factual issues in Plaintiff’s FTCA suit; and (2) summary judgment was properly granted as to Plaintiff’s FTCA claims for negligent supervision, malicious prosecution, and invasion of privacy by postal inspectors. [read post]
18 Apr 2013, 4:10 am by Howard Friedman
., (5th Cir., April 10, 2013), the U,S, 5th Circuit Court of Appeals held that disputed issues of fact require that a Title VII religious accommodation claim brought by a Seventh Day Adventist be remanded for trial to the Louisiana federal district court. [read post]
16 Apr 2013, 11:38 pm by Beth Graham
The United States Fifth Circuit Court of Appeals has reversed a district court’s order vacating an arbitral award in a dispute between a video game publisher and developer. [read post]
16 Apr 2013, 7:26 pm by Beth Graham
The United States Fifth Circuit Court of Appeals has reversed a district court’s order vacating an arbitral award in a dispute between a video game publisher and developer. [read post]
15 Apr 2013, 6:13 am by Howard Friedman
Kennedy, (5th Cir., April 2, 2013), the 5th Circuit Court of Appeals concluded that the state of Texas had failed to adequately justify under RLUIPA its policy of prohibiting prisoners from wearing beards for religious reasons.In United States v. [read post]
14 Apr 2013, 8:02 pm by Barry Barnett
The district court issued a certificate of appealability on the issue of “actual innocence” and “other issues in the opinion,” and Scruggs timely filed a notice of appeal. [read post]