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14 Jun 2017, 5:49 am
The district court dismissed those claims, but plaintiff argues among other things on appeal that he was denied the right to move to amend the complaint to save the claim. [read post]
13 Nov 2012, 6:34 am
The Second District Court of Appeals in Montgomery County has held that an award of restitution for Unauthorized Use of a Motor Vehicle cannot be simply based on the Blue Book value of the car. [read post]
9 Dec 2009, 7:38 pm
Turning to a 1940 decision from the Florida Supreme Court, the Second District stated: Our resolution of this issue is controlled by Cone Bros. [read post]
14 May 2012, 6:20 am
This was an issue recently in a Florida case from the Second District Court of Appeal, Jyurovat v. [read post]
15 Aug 2018, 9:13 am
The outcome:Rembrandt appeals both the district court’s exceptional-casedetermination and its fee award. [read post]
15 Oct 2022, 8:27 am
Closely-Related Doctrine Equity Personal Jurisdiction Direct-Benefits Estoppel (Fn. 9) Agency, Third-Party Beneficiary Law, and Equitable Estoppel Circuit Split Appeal from the United States District Court for the Southern District of Texas USDC No. 4:19-CV-4593 This case presents one primary question: whether non-signatories to a franchise agreement may be bound to the contract’s choice of forum… [read post]
20 Mar 2009, 2:52 am
I've gotten behind and am going to make a concerted effort to catch up, including posting on all of the important cases that have come down in the last two months.On January 20, 2009, the Second District Court of Appeal held that the City of Los Angeles Living Wage Ordinance ("LWO") basically means what it says: an employee is eligible for LWO wages and benefits if he or she "spends any of his or her time" on a city service contract. [read post]
9 Mar 2011, 2:04 am
Court of Appeals for the Second Circuit. [read post]
23 Jun 2017, 4:03 pm
However, the Second Circuit held that the question presented by the Reyes appeal was different. [read post]
15 Jun 2021, 8:32 am
The plaintiffs appealed the dismissal of their interference with an inheritance claim and the defendants cross-appealed, claiming that the district court improperly admitted hearsay testimony. [read post]
25 Mar 2020, 12:02 pm
Yes, if the district court had decided (on the second, renewed, motion for reconsideration) to change its certification order, then the 14 days would indeed run from that event. [read post]
1 Mar 2007, 6:00 am
Superior Court, ___ Cal.App.4th ___ (Feb. 28, 2007), the Court of Appeal (Second Appellate District, Division Eight) summarized its holdings as follows: (1) We agree the Unions have standing as assignees to assert the claims of union members who have assigned to the Unions their rights to recover wages owing to them. [read post]
26 Feb 2018, 9:01 pm
A panel of thirteen judges on the US Court of Appeals for the Second Circuit just issued an opinion in Zarda v. [read post]
13 Aug 2016, 8:16 pm
Perschbacher brought an action for writ of mandamus seeking to compel county board of commissioners to issue conditional use permit for the large swine barn, but the District Court denied the petition. [read post]
25 Jul 2016, 4:00 am
If such an application is denied, the fire district or municipal corporation employing the firefighter may appeal that determination. [read post]
17 Mar 2008, 10:30 am
Court of Appeals for the D.C. [read post]
31 Aug 2017, 4:00 am
Recently, the Louisiana Third Circuit Court of Appeal was forced to dismiss an appeal because of a plaintiff’s failure to follow the required procedural steps. [read post]
20 Nov 2019, 6:07 am
Normally, a Second Circuit ruling that reverses the district court is a big deal -- trial court judges in the federal system are not dummies, after all -- but I've noticed the Court of Appeals often reverses Rule 12 dismissals through short, summary orders that do not detail the facts or the reasoning. [read post]
9 Dec 2009, 1:22 pm
He was unsuccessful at his hearing in District Court. [read post]
24 Mar 2016, 6:27 am
Second Circuit Court of Appeals concluded that plaintiffs' had not produced sufficient evidence for a jury to find disparate treatment or discriminatory animus. [read post]