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9 Jan 2011, 6:47 pm
LEXIS 176 (8th Cir 1/6/2011) “District court erred in finding that Worthington’s attorneys were ineffective during the penalty phase of his state court murder trial on the ground that they failed to adequately investigate his social and medical history and pursue a psychological mitigation strategy; this issue was adjudicated on the merits by the postconviction trial court when it found his claim failed to satisfy either Strickland prong; when… [read post]
15 Oct 2015, 7:46 am
Unfortunately, the Fifth District Court of Appeals has decided to stand in direct conflict with every other district court in Florida by permitting this sort of testimony. [read post]
10 Dec 2020, 4:33 pm
On remand, the Fifth Circuit again affirmed the district court’s denial of the motions to compel arbitration. [read post]
1 Sep 2017, 6:49 am
Court of Appeals of Texas, First District, Houston. [read post]
1 Nov 2021, 4:59 pm
Court of Appeals for the 5th Circuit reversed. [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]
9 Aug 2012, 1:54 pm
In 2007, Dallas Crown and Beltex shut down their operations in Texas due to a decision of the 5th Circuit Court of Appeals delivered in January of that year. [read post]
18 Apr 2007, 9:16 am
The district court refused to look at other issues, which the 9th said was proper under the limited remand doctrine. [read post]
23 Jul 2019, 7:29 am
District court decisions based on whether a statute, rule or contract was ambiguous are among the most often overruled on appeal because three new judges often have a different idea of reasonableness. [read post]
7 Jul 2017, 11:51 am
Lieutenant Driver, 848 F.3d 678 (5th Cir. 2017); Gericke v. [read post]
20 Aug 2012, 3:38 am
On to the courts of appeals… An error in a jury verdict form under RC 2945.75(A)(2) can result in a defective verdict, but it doesn’t result in a void sentence, the 6th District holds in State v. [read post]
30 Jul 2019, 10:06 pm
(D068185; 4 Cal.App.5th 103; San Diego County Superior Court; 37-2014-00013481- CU-TT-CTL.) [read post]
26 Sep 2009, 7:52 am
Opinion below (Court of Appeals of Arizona, Division One) Petition for certiorari Brief in opposition Petitioner's reply Docket: 08-1394 Title: Skilling v. [read post]
3 May 2019, 2:15 pm
Judge Morgan’s dismissal of Griffin’s case should have been upheld by the District Court of Appeals. [read post]
26 Oct 2023, 8:27 am
Court of Appeals for the Federal Circuit disagreed and ruled for Elster. [read post]
23 May 2010, 11:36 pm
(Copyright Litigation Blog) District Court California: RapidShare not guilty of copyright infringement (TorrentFreak) US Copyright – Lawsuits and strategic steps MPAA – MPAA worries about pirating U.S. soldiers in Iraq (TorrentFreak) US Trade Marks & Domain Names – Decisions Court of Appeals for the 5th Circuit: Jury verdict that competitive keyword advertising isn’t trademark infringement: College Network v. [read post]
19 Jun 2008, 4:08 am
Gray, 626 F.2d 494, 501 (5th Cir. 1980). [read post]
22 Feb 2011, 3:57 am
” I posted my first one back on September 30, 2008, but called it “8th District Roundup” for a while after that for some reason. [read post]
2 Jun 2012, 5:13 am
In 2000, the Fifth District Court of Appeals released Bankers Security Insurance Company v. [read post]
2 Aug 2015, 9:30 pm
Wednesday, August 5th at 1 pm: Dan Feldman, Stephen J. [read post]
