Search for: "Actual Holdings"
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21 Sep 2016, 9:40 am
Adeolu, No. 14-3610, 2016 WL 4728003, the Circuit affirmed Adeolu’s sentence, holding that the vulnerable victim enhancement at U.S.S.G. [read post]
19 Mar 2009, 12:19 pm
Tom O'Toole points to a Fourth Circuit decision from today which holds that a Stored Communications Act Plaintiff must show actual damages in order to be entitled to recover the statutory minimum. [read post]
7 May 2018, 7:44 am
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s finding that a servicer did not violate the federal Real Estate Settlement Procedures Act (RESPA) because the borrower could not prove that the servicer’s failure to respond to a “Qualified Written Request” (QWR) caused her actual damages, as required by 12 Read more → Ernest Wagner [read post]
7 May 2018, 7:44 am
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s finding that a servicer did not violate the federal Real Estate Settlement Procedures Act (RESPA) because the borrower could not prove that the servicer’s failure to respond to a “Qualified Written Request” (QWR) caused her actual damages, as required by 12 Read more → Ernest Wagner [read post]
17 Nov 2023, 2:07 pm
Court of Appeals for the Eleventh Circuit recently held that a trial court's denial of a motion for class certification was an abuse of discretion because the trial court’s analysis of Rule 23(b)(3)’s predominance requirement was based on its erroneous interpretation of the second option in section 1681n(a)(1)(A) of the federal Fair Credit Reporting Act as requiring a showing of actual damages. [read post]
14 Jun 2016, 9:27 am
The post Actual Client Injury: Slipped and Fell on Carnival Cruise appeared first on . [read post]
9 May 2019, 10:49 am
No matter, Federal Circuit precedent holds that a lack of survey evidence does not lead to an inference that no confusion exists. [read post]
29 Jan 2016, 8:45 am
While the article breaks the data down into what the extremely wealthy few hold and what the just wealthy enough to pay the estate tax hold, there are things both groups have in common when they pass away. [read post]
5 Mar 2018, 8:07 pm
The post Actual innocence reversal in Virginia rape case – Fairfax criminal lawyer appeared first on Jon Katz, P.C.. [read post]
16 Aug 2011, 10:37 pm
—Houston [1st Dist.] 2009, pet. denied) (holding that evidence of prior complaints raised fact question regarding defendant’s actual knowledge); see also Klorer v. [read post]
8 Mar 2012, 5:00 am
Case in point, Voom HD Holdings [...] [read post]
8 Oct 2014, 3:00 am
The United States Supreme Court remanded an action holding that the mass action provision of CAFA did not apply because the term “plaintiffs” refers to actual named parties as opposed to unnamed real parties in interest. [read post]
23 Jul 2008, 7:20 am
It looks like we're going to get to find out if those search warrants hold up in the Great Eldorado Polygamist Roundup. [read post]
17 Jun 2018, 10:24 am
Fortunately for me (and by extension, for you, gentle reader), this particular company with whom I’m on hold has something better than hold music: hold facts! [read post]
23 Apr 2019, 7:02 am
Hold on to handrails when accessible. [read post]
15 Jun 2016, 6:30 am
A statutory Employer is an entity that becomes an actual employer by Law or Rule. [read post]
30 Jun 2022, 8:05 am
A Missouri appellate court had none of that, holding insurers should not deprecate labor when calculating actual cash value.1 While the entire opinion... [read post]
16 Jul 2018, 7:53 am
Court of Appeals for the Fourth Circuit recently vacated a judgment of dismissal in consolidated class actions arising from a data breach of personal information, holding that the plaintiffs had standing to sue because fraudulent credit cards were actually opened in the victims’… Hector E. [read post]
16 Oct 2007, 7:56 am
(Actually, only two reasons spring to mind.)First, it's likely that witnesses will be asked at depositions what they did to preserve documents. [read post]
2 May 2019, 1:11 pm
In the context of property insurance policies, damaged property is typically valued based on its estimated actual cash value (ACV) if it is not repaired or replaced. [read post]
