Search for: "Unpublished Disposition"
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9 Feb 2014, 9:01 pm
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. [read post]
5 Jan 2015, 10:52 am
App’x 548 (9th Cir. 2012) (unpublished disposition). [read post]
28 Oct 2013, 9:49 am
., Oct. 16, 2013) (unpublished per curiam opinion; limited precedent). [read post]
8 Apr 2021, 11:42 am
App. 2020) (unpublished), the appellate court remanded this matter because the revocation judgments failed to identify which of the four new offenses were the basis for the revocation, and also failed to make a finding that good cause existed to revoke the defendant’s probation after the probationary period ha [read post]
19 Nov 2023, 2:31 pm
The fact of publication (or lack thereof) in a peer reviewed journal thus will be a relevant, though not dispositive, consideration in assessing the scientific validity of a particular technique or methodology on which an opinion is premised. [read post]
14 Aug 2011, 9:11 am
Merrell challenged Swan’s unpublished, non-peer-reviewed re-analyses as not “generally accepted” under the Frye test. [read post]
20 Jun 2023, 6:07 am
[Eric’s note: this is the post you’ve been waiting for: Prof. [read post]
27 May 2022, 5:04 pm
(Numerous of Appellants’ other CEQA claims and their general plan consistency claims were rejected in the unpublished portion of the opinion.) [read post]
29 Nov 2020, 8:08 pm
The Court of Appeal’s most recent 34-page opinion (19 pages of which are unpublished) affirms the trial court’s 2019 judgment issuing a writ of mandate following the post-Supreme Court decision remands from the Supreme Court and Court of Appeal, respectively. [read post]
23 Aug 2021, 4:42 pm
In a published decision filed August 17, 2021, the Fifth District Court of Appeal affirmed the trial court’s judgment directing issuance of a writ of mandate ordering Inyo County to vacate three resolutions of necessity that authorized its condemnation of three Owens Valley landfill properties, including appurtenant water rights, owned by the Los Angeles Department of Water and Power (LADWP). [read post]
13 Jul 2021, 8:58 am
See also G.S. 15A-1021(c) (parties may present proposed plea with sentencing recommendation to judge; judge may indicate whether he or she would concur with disposition). [read post]
4 Oct 2021, 11:00 am
(The unpublished portions of the opinion will not be discussed further in this post.) [read post]
22 Sep 2023, 8:57 am
In keeping with this blog’s practice, this post will not further discuss these unpublished portions of the Court’s opinion, except to note that they appear worthy of publication, and that the Court’s docket reflects that a request to publish was filed by Remy Moose Manley LLP on September 18, 2023. [read post]
10 Apr 2017, 6:41 am
`A party may seek intervention as of right if the party has “an interest” and is “so situated that the disposition of the action may as a practical matter impair or impede the applicant's ability to protect that interest, unless the applicant's interest is adequately represented by existing parties. [read post]
7 Mar 2014, 11:17 am
After a trip to the 7th Circuit finding plaintiffs’ copyright registration valid, the court on remand considered fair use and other defenses and found them dispositive. [read post]
19 Apr 2017, 2:02 pm
Lopez, 83 So.3d 710 (Fla. 2012), is an unpublished disposition, approving an uncontested report of referee; thus, it cannot constitute `case law’ providing a reasonable basis for the referee's recommendation. [read post]
8 Oct 2018, 3:28 pm
As the supreme court has long established, "the trial court is in a far better position than we are to evaluate the various factors bearing on the credibility of the witnesses, such as their demeanor, disposition, and character. [read post]
24 Mar 2025, 4:55 pm
(unpublished) — affirming dismissal of FOIA lawsuit, where the requester failed to exhaust administrative remedies and failed also to demonstrate that the records he had requested “still existed”; modifying the district court’s ruling, however, by ordering the dismissal to be without prejudice.March 21, 2025Wiggins v. [read post]
13 Feb 2014, 9:10 am
Ct., Nassau County Apr. 14, 2006) (unpublished), aff'd and modified in part on other grounds, 38 A.D.3d 590, 832 N.Y.S.2d 242 (N.Y. [read post]
31 May 2009, 4:11 pm
It is highly unusual that a fellow Latino judge (Jose Cabranes) described the case as involving a “path-breaking” district court opinion that was affirmed summarily in an unpublished opinion by the Court of Appeals. [read post]
