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16 Feb 2012, 7:00 am
App. 3d 918, 928 (5th Dist. 2007), for example, the Fifth District Appellate Court found that Defendants had a duty to preserve evidence pursuant to a voluntary undertaking theory. [read post]
11 Feb 2012, 1:08 am
The District Court enjoined that law as well, but the 9th Circuit found that the issue was moot on appeal. [read post]
9 Feb 2012, 10:33 am
The United States Court of Appeals for the 5th Circuit issued an opinion in a case in 1994, that says the insurance company did not have to defend a case where the insured was sued for "emotional distress. [read post]
8 Feb 2012, 10:49 am
But Attorney General Jim Hood filed an appeal with the 5th U.S. [read post]
7 Feb 2012, 3:36 am
Casshie appealed, arguing that the court used an improper sentencing criterion. [read post]
6 Feb 2012, 10:20 am
Varco sued Bohnsack in a Texas federal district court, seeking a declaration that it had done nothing wrong. [read post]
6 Feb 2012, 5:03 am
Framing the issue the Fourth Circuit explained: “The sole question presented by this appeal is whether an employee’s complaint lodged within her company—as opposed to a complaint filed with a court or government agency—may trigger the protection of the FLSA’s antiretaliation provision. [read post]
6 Feb 2012, 3:52 am
In response, the DA’s office on Friday petitioned the 5th District Court of Appeals in Dallas to compel Hayes to withdraw the order about the records of officers.Hayes, a Democrat in her first term, and public defender Elizabeth Perry, who is representing a defendant charged with family violence, declined to comment.Defense attorneys say they worry that the law allows prosecutors to hide the background of police officers.Defense attorney J. [read post]
4 Feb 2012, 8:37 pm
Folks who think the most aggressive lawyers are the best or most effective lawyers should read the Fifth District Court of Appeal’s February 3, 2012, opinion in Irizarry v. [read post]
4 Feb 2012, 10:04 am
STATE OF FLORIDA, Appellee. 5th District.Criminal law -- Appeals -- Order denying motion to reduce or modify sentence is not appealableMARK A. [read post]
4 Feb 2012, 6:29 am
Both the District Court and the Court of Appeals noted that the problem with Dr. [read post]
3 Feb 2012, 7:24 pm
Farner, 251 F.3d 510, 513 (5th Cir. 2001).Ultimately, the court held that because it has yet to rule as to whether this conduct constitutes a substantial step, it was not plain error for the district court to accept the guilty plea. [read post]
3 Feb 2012, 6:38 am
Accordingly, the Fifth Circuit affirmed the district court’s summary judgment in favor of the NPFC. [read post]
1 Feb 2012, 6:50 am
The district court denied the stay and found the arbitration agreement to be illusory. [read post]
31 Jan 2012, 11:34 am
Axiom Corp., 612 F.3d 325 (5th Cir. 2010). [read post]
30 Jan 2012, 1:03 pm
As you will recall, that case alleged yet more Brady violations at the New Orleans District Attorney’s Office, in the vein of Smith v. [read post]
30 Jan 2012, 3:30 am
The Fifth Circuit Court of Appeals had this to say: Here, it seems clear that Lloyds did not breach its contract with Blum's. [read post]
30 Jan 2012, 2:14 am
As an alternative, the appellants asked the Fifth Circuit to certify questions to the state supreme courts of Alabama and Mississippi regarding the meaning of the state emergency statutes, but the appeals court agreed with the district court that these questions did not warrant certification. [read post]
30 Jan 2012, 1:10 am
The United States Court of Appeals for the Fifth Circuit held that a district court lacked subject matter jurisdiction to hear a petition to compel arbitration pursuant to Section 4 of the Federal Arbitration Act (“FAA”). [read post]
27 Jan 2012, 2:21 pm
Garland requested over $95,000 of compensation and with consent of counsel on further appeal he eventually received $95,000 in the form of disbursement.[23] Although there was no precedent for an award of such an amount in Ontario, the presiding Justice Cullity was satisfied with Mr. [read post]
