Search for: "SECOND DISTRICT COURT OF APPEAL"
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5 Apr 2023, 7:37 am
You'd be surprised how many pro se inmates win their appeals in the Second Circuit. [read post]
19 May 2010, 12:36 pm
State Farm Fire & Casualty, Co., 362 F.3d 1317 (11th Cir. 2004) and an opinion from the Second District Court of Appeal in Liberty American Ins. [read post]
[Eugene Volokh] Ninth Circuit Sends the Hawaii Concealed Carry Challenge Back Down to District Court
19 Aug 2022, 1:30 pm
We vacate the judgment of the district court and remand this case to the district court for further proceedings pursuant to the Supreme Court order. [read post]
10 Sep 2012, 2:11 pm
Circuit Court of Appeals, Second Circuit, ruled that a former school district employee’s First Amendment right to free speech was not violated because her speech was uttered in the context of her official duties in contrast to speech uttered in her personal capacity. [read post]
24 May 2013, 10:09 am
May 7, 2013), a 2-1 majority of a panel of the United States Court of Appeals for the Second Circuit held that plaintiffs’ failure to plead direct misrepresentations from defendant to plaintiffs was fatal to their market manipulation claim under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. [read post]
24 Mar 2013, 6:57 pm
Court of Appeals for the 4th Circuit unanimously disagreed with Judge Legg, and reversed his decision. [read post]
9 Nov 2011, 12:40 pm
Tiffany involved itself in this suit because it objected to the district court’s “sweeping and unprecedented per se rule against granting trademark protection to any single color that is used on any ‘fashion item,’ even where the color has achieved ‘secondary meaning. [read post]
8 May 2019, 1:13 pm
” Where the district court does not give the reason, the special condition can survive appeal “only if the district court’s reasoning is ‘self-evident in the record.'” Opinion at 3 (quoting Betts). [read post]
22 Jun 2011, 1:36 pm
Appealed from the United States District Court for the Eastern District of Louisiana. [read post]
1 Nov 2016, 10:31 am
First Appeal The Ninth District Court of Appeals reversed the judgment entered on the jury’s verdict, finding both that the foreseeability instruction was incorrect because it was irrelevant to determining the standard of care of a medical professional, and that the error was not harmless because of the jury’s decision, contrary to the judge’s instruction, to answer the second, causation interrogatory. [read post]
1 Jan 2010, 8:25 am
The City filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court. [read post]
22 Oct 2018, 4:59 pm
Both sides then appealed to the Second Circuit. [read post]
21 Mar 2008, 8:36 am
"Click for the 11th Circuit Court of Appeals Opinion. [read post]
CEQA Administrative Records: Fifth District Opinion Elucidates Rules Governing Contents and Disputes
5 Jan 2012, 10:22 am
In a recent case addressing a number of other interesting CEQA topics, the Fifth District Court of Appeals devoted a significant portion of its published opinion to administrative record issues, in order to “provide guidance to practitioners in subsequent cases so that they will proceed more efficiently in the expenditure of their own time and that of the courts. [read post]
8 Jan 2024, 6:00 am
Petitioner did not appeal this aspect of the district court’s judgment. [read post]
8 Jan 2024, 6:00 am
Petitioner did not appeal this aspect of the district court’s judgment. [read post]
18 Aug 2023, 6:00 am
"Concluding that the district court should not have granted Plaintiff’s motion to unseal the award," the Circuit Court of Appeals remanded the matter to the federal district court "with instructions to dismiss the petition as moot" and reversed the district court's ruling unsealing the award.* Plaintiff had signed the separation agreement in exchange for "severance payments and other benefits.… [read post]
18 Aug 2023, 6:00 am
"Concluding that the district court should not have granted Plaintiff’s motion to unseal the award," the Circuit Court of Appeals remanded the matter to the federal district court "with instructions to dismiss the petition as moot" and reversed the district court's ruling unsealing the award.* Plaintiff had signed the separation agreement in exchange for "severance payments and other benefits.… [read post]
8 Sep 2014, 1:30 pm
In the second part of its opinion, the Court affirmed the analysis of its prior decision in Valley Advocates v. [read post]
16 Jan 2024, 9:01 pm
District Court for the Southern District of New York granted PMI’s motion to dismiss the complaint with prejudice, finding, among other things, that the plaintiffs failed to adequately plead falsity.[10] The plaintiffs appealed. [read post]
