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23 Oct 2008, 11:07 am
  We've written in the past about the difference between "the" proximate cause and "a" proximate cause, see: Barnett v. [read post]
29 Feb 2024, 4:37 pm
You lost your class action, and the Court of Appeal affirmed.You could perhaps see why the generalized statements that USF made here didn't effectively promise that college would be in person.Though if USF was nice, it might have given a little bit of a voluntary tuition rebate.Because online college, respectfully, was very -- very -- much not the same as being there in person. [read post]
31 Jul 2020, 6:50 pm
The following introduction, from the top of page 3 of this opinion, sounds a little more like something you'd see in a work of fiction (or perhaps by Justice Kavanaugh) than in the statement of facts of a Court of Appeal opinion:"Lions was about to enjoy an afternoon beer outside . . . . [read post]
31 May 2013, 10:13 am
  Sufficiently so that taking it en banc seems right.We'll see what the en banc panel looks like. [read post]
16 Oct 2007, 8:42 pm
This is why you like to see incredibly smart people -- sometimes academics, even -- appointed to the Court of Appeals.It's an erudite, comprehensive, and incredibly good opinion. [read post]
11 Aug 2015, 1:27 pm
 The Ninth Circuit just took the case en banc.We'll see what the draw looks like. [read post]
22 Jan 2024, 4:09 pm
Read this opinion -- or at least the first dozen pages or so -- and see whether you think the defendant:(A) Wouldn't have done the same thing but for his initial religious upbrining;(B) Wouldn't have done the same thing if he wouldn't have abandoned that upbringing;(C) A mix of both (A) and (B). [read post]
3 Mar 2011, 2:17 pm
Even if it's not signed by two witnesses (as required by the Probate Code), if you dictate a will to someone, they write it down, you sign it, and several people see you do all this, that's enough for a valid will. [read post]
25 May 2007, 10:59 am
Ever see a published opinion in which the opinion itself is less than 5 pages but the caption is almost three times as large? [read post]
27 Apr 2018, 12:08 pm
You see a lot of different crimes reported in the various appellate decisions. [read post]
13 Oct 2023, 11:14 am
You don't see many appellate cases that actually award fees for a party's refusal to admit RFAs. [read post]
5 Jul 2012, 10:34 am
  But doing so nicely.It's good to see judges remembering that appeals involve real people with real problems. [read post]
16 Jun 2011, 1:09 pm by snahmod
See generally on individual immunities, my treatise CIVIL RIGHTS AND CIVIL LIBERTIES LITIGATION: THE LAW OF SECTION [...] [read post]
12 Nov 2010, 3:07 am by Seth
UPDATE:  Unfortunately for those that might have found interesting a lawsuit regarding corporate cyber-attacks (see the original post, below), BidClerk and Reed Elsevier apparently resolved their differences fairly quickly and quietly. [read post]
30 Mar 2017, 12:13 pm
 But Justice Simons authors a lengthy concurrence in which he argues that California's precedent on this issue -- involving what it takes for hearsay to be admitted as a declaration against penal interest -- is unfounded and should be changed.That's the kind of out-of-the-box thinking I like to see. [read post]