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4 May 2012, 10:24 am
Wentzell then filed a pro se habeas petition, which the district court sua sponte dismissed as beyond the AEDPA statute of limitations period and, alternatively, as a “second or successive” petition filed without leave from the Court of Appeals as required by § 2244(b) of the AEDPA. [read post]
6 Jul 2015, 10:40 am
The Second Circuit’s Groundbreaking Decision Late in 2013, the Second Circuit Court of Appeals – the federal appeals court in New York – accepted tandem interlocutory appeals of the Hearst and Fox Searchlight decisions. [read post]
4 Jan 2007, 8:26 pm
LEXIS 4949 (U.S., June 26, 2006)PRIOR HISTORY: AN APPEAL FROM THE DISTRICT COURT OF POTTAWATOMIE COUNTY. [read post]
31 Mar 2013, 9:01 pm
Court of Appeals for the Third Circuit issued its ruling in the case of K.A. v. [read post]
12 May 2019, 4:00 am
In the case below, we will see how a Louisiana Appellate Court decided that the District Court erred in granting a motion for summary judgment. [read post]
25 Apr 2016, 6:38 am
Complicating things is that plaintiff and defendant challenged the district court's ruling, so the Court of Appeals had to ask the U.S. [read post]
3 Oct 2019, 3:51 pm
In a 68-page published opinion filed September 27, 2019, the Fourth District Court of Appeal (Div. [read post]
1 Mar 2020, 3:45 pm
His claim was dismissed and the Court of Appeals of California, Second District, affirmed the conviction. [read post]
14 Feb 2019, 6:24 am
The district court denied the injunction and the Second Circuit (Katzmann, Hall and Lynch) says plaintiff cannot satisfy his heavy burden in showing the trial court clearly erred. [read post]
8 Feb 2010, 12:46 pm
In Steroid Hormone Product Cases (January 21, 2010), the Court of Appeal (Second Appellate District, Division Four) reversed an order denying class certification and made some statements that seemed to be an implied rebuke of Cohen's treatment of In re Tobacco II Cases (2009) 46 Cal.4th 298 (Tobacco II). [read post]
17 Jan 2023, 10:00 pm
Lomenzo (Second Circuit's Order of Dismissal of Appeal) [read post]
7 Aug 2012, 3:00 pm
Lee, the Second District of Appeal found that a trial court in Manatee County applied the wrong legal standard when granting an extension of a Domestic Violence Injunction. [read post]
10 Nov 2022, 7:49 am
In today's Wade v Univ. of Michigan, the Michigan Supreme Court sent a challenge to the University of Michigan's gun ban back to the Court of Appeals, for consideration in light of N.Y. [read post]
19 Aug 2014, 6:19 am
These are precisely the circumstances in the case before us.In an interesting footnote, Judge Calabresi notes that, shortly after he became an appellate judge in the 1990s, the Court of Appeals was unable to correct one of its rulings that the State Court of Appeals had resolved differently in another case. [read post]
9 Jan 2007, 3:50 pm
In a second set of judicial nominations issued today, the White House has nominated former Mississippi Court of Appeals Judge Leslie H. [read post]
11 Jul 2018, 1:11 pm
Superior Court, the California Court of Appeal, Second Appellate District, Division Four, extended a prior line of California cases holding that California law follows federal law with respect to evaluating the lawfulness of time clock rounding systems. [read post]
12 Dec 2019, 1:54 am
Conti could insist on clarification of the same matter in a regular proceeding, which would take a while, but then a further appeal would be possible (either if permitted by the court of second instance, or by bringing the equivalent of a U.S. cert petition). [read post]
17 Aug 2018, 1:42 am
The proceedings at Korean courts of first instance is, typically, completed within one year from the filing the complaint to a district court and appeals to the High Court in Korea (court of second instance), typically, is completed with ten months of filing the appeal to the Korean High Court. [read post]
29 Aug 2019, 7:15 am
The Court of Appeals is not breaking new ground here. [read post]
5 Jan 2017, 11:37 am
2016 was another big year in anti-SLAPP litigation – with the Appeals Court issuing a slew of Rule 1:28 decisions, the Supreme Judicial Court granting Direct or Further Appellate Review to consider issues ranging from the proper procedure for appealing the allowance of an anti-SLAPP motion to whether theDuracraft Corp. v. [read post]
