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24 Aug 2010, 2:56 pm
Miss. 2007), appeal dismissed for technical reasons, 585 F.3d 855 (5th Cir. 2009); Whether a court-imposed emissions cap requires policy decisions that are not within the proper province of the courts; and Whether the Second Circuit’s decision represents an unwarranted extension of the Supreme Court’s decision in Massachusetts v. [read post]
24 Aug 2010, 11:34 am
The appellate court recalled its prior decisions establishing that district courts are given "wide latitude in determining the admissibility of expert testimony, and the discretion of the trial judge ... will not be disturbed on appeal unless manifestly erroneous. [read post]
22 Aug 2010, 7:26 pm
LEXIS 17273 (5th Cir 8/18/2010) Mr. [read post]
22 Aug 2010, 6:54 am
It is not easy to waive one’s right to plead the 5th Amendment. [read post]
21 Aug 2010, 10:21 am
Deutsche Bank National Trust Company decided in the 5th District of Florida has given us some new case law relating to the Mortgage Electronic Registration System (MERS). [read post]
20 Aug 2010, 9:05 am
The district court awarded summary judgment to the hospital. [read post]
19 Aug 2010, 1:50 pm
” Except where FDA regulations (allegedly) by their own terms allowed modifications, there wasn’t a majority on the Court for letting the common law go there.We’re now a little more than a year into the post-Levine era, and already it looks like the other side (definitely) and the courts (all too often) are ignoring the implicit limits of Levine. [read post]
18 Aug 2010, 3:15 am
On July 22, 2010, the Fifth Circuit Court of Appeals weighed in on this issue. [read post]
17 Aug 2010, 1:45 pm
Castex Energy, Inc., No. 09-10451 (5th Cir. [read post]
17 Aug 2010, 4:38 am
The trial court denied the protective order, and defendant appealed. [read post]
16 Aug 2010, 8:30 am
The district court granted summary judgment to the insurer and the Court of Appeals affirmed, noting that prior case precedent controlled the burden-shifting arguments. [read post]
16 Aug 2010, 3:40 am
In the meantime, no rest for the courts of appeals; the 8th District alone handed down 14 decisions in just criminal cases last week. [read post]
15 Aug 2010, 7:27 pm
Norris, No. 09-1229 (8th Cir 8/11/2010) Remand to the district court for an Atkins hearing. [read post]
13 Aug 2010, 1:15 pm
District Judge Keith Ellison’s ruling that there is not jurisdiction in federal court in Texas for the lawsuit because the alleged defamation was in New York. [read post]
13 Aug 2010, 6:34 am
District Court for the Eastern District of Louisiana 2010). [read post]
12 Aug 2010, 5:47 am
The district court disagreed and instructed the clerk to send the remand notice to state court. [read post]
12 Aug 2010, 5:30 am
While doing so, the district court ruled that under 28 U.S.C. [read post]
12 Aug 2010, 3:50 am
The Liberty Defendants appealed that judgment. [read post]
9 Aug 2010, 10:37 pm
Court of Appeals noted on Goss Int’l Corp. v. [read post]
9 Aug 2010, 11:12 am
The Florida 5th District Court of Appeals recently announced that a trial court abused its discretion when it denied a homeowners motion to amend their answer after the lender filed its motion for summary judgment. [read post]
