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” The United States District Court for the Southern District of Texas held in favor of Hilcorp, but on appeal, the Fifth Circuit certified the two questions noted above to the Texas Supreme Court. [read post]
4 Jun 2024, 7:51 am by Leland Garvin
Recent Florida Slip-and-Fall Case Underscores Importance of Witness Testimony One recent Florida slip-and-fall case before Florida’s 4th District Court of Appeal collapsed largely due to the lack of corroborating witnesses to a key point in the plaintiff’s testimony. [read post]
4 Jun 2024, 7:51 am by Leland Garvin
Recent Florida Slip-and-Fall Case Underscores Importance of Witness Testimony One recent Florida slip-and-fall case before Florida’s 4th District Court of Appeal collapsed largely due to the lack of corroborating witnesses to a key point in the plaintiff’s testimony. [read post]
3 Jun 2024, 5:19 am by Rebecca Tushnet
KIND, LLC, 100 F.4th 419 (2d Cir. 2024) The court of appeals affirmed summary judgment in favor of KIND on Bustamante’s false advertising consumer protection class action claims based on KIND’s “All Natural” labeling. [read post]
30 May 2024, 9:01 pm by renholding
Supreme Court Rules That An Appeal Of An Order Denying A Motion To Compel Arbitration Automatically Stays District Court Proceedings, dated June 29, 2023, available at https://www.clearygottlieb.com/news-and-insights/publication-listing/us-supreme-court-rules-that-an-appeal-of-an-order-denying-a-motion-to-compel-arbitration-automatically-stays-district-court-proceedings. [22] Coinbase, 602 U.S. ___ at *8. [23] Morgan v. [read post]
23 May 2024, 4:54 pm by Arthur F. Coon
In an opinion filed April 18, and belatedly ordered published on May 15, 2024, the Third District Court of Appeal reversed the trial court’s order discharging the peremptory writ of mandate that was issued following the Court of Appeal’s earlier direction in Save Our Capitol! [read post]
22 May 2024, 7:00 am by bklemm@foley.com
The District Court later dismissed the Complaint on substantive grounds, resulting in the Plaintiffs’ appeal to the Eighth Circuit. [read post]
21 May 2024, 8:17 am by Phil Dixon
After being convicted of being a felon in possession of a firearm and some of the drug offenses, the defendant appealed, arguing in part that the district court erred in denying his motion to suppress. [read post]
17 May 2024, 2:18 pm by Nikki Siesel
Thereafter, the European Consortium appealed to the Fourth Circuit of the Court of Appeals. [read post]
16 May 2024, 4:10 am by Howard Friedman
McKnight, (4th Cir., Maay 15, 2024), the U.S. 4th Circuit Court of Appeals in a 2-1 decision affirmed a Maryland federal district court's denial of a preliminary injunction in a challenge to a school board's refusal to allow parents to opt their children out of exposure to a group of LGBTQ inclusive books. [read post]