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5 Apr 2018, 4:00 am
The appeals court relied on a case from 2008 (the law develops slowly, but develop it does) that dealt with an identical situation. [read post]
25 Mar 2021, 9:31 am
On March 17, 2021, in a matter of first impression, the United States Court of Appeals for the Fourth Circuit held a party appealing a decision of the United States Trademark Trial and Appeal Board (“TTAB”) may seek review of the decision in either the United States Court of Appeals for the Federal Circuit or a district court—even if the party had previously appealed an earlier TTAB decision in the same case to the Federal Circuit. [read post]
19 Nov 2020, 9:19 am
The Court of Appeals rejected this argument, noting that Mr. [read post]
13 Feb 2007, 11:56 am
Town of Plainfield, Indiana, an interlocutory appeal from the trial court's grant of the Town of Plainfield's motion to reconsider an earlier order that had allowed Doe to proceed anonymously. [read post]
22 Jul 2015, 1:07 pm
FERC called into question Gunpowder River’s standing to seek this redress, and a majority of the Court of Appeals panel agreed that Gunpowder River did not have a valid cause of action because its desire to protect its members property in the face of alleged noncompliance by FERC with the National Environmental Policy Act (NEPA) and Clean Water Act (CWA) does not fall within the “zone of interests” protected by the NGA, NEPA, or CWA. [read post]
18 Nov 2011, 8:48 am
” The case was argued before the appeals court panel Sept. 20, nearly a year after U.S. [read post]
14 Mar 2023, 11:30 am
Becerra finally gave patients appeal rights for their observation status in the hospital.) [read post]
16 Oct 2019, 6:00 am
In a recent published decision, the California Court of Appeal had the opportunity to address this issue when the property owners of a beachside residence in the City of Los Angeles challenged a setback condition that the California Coastal Commission imposed on their proposed home remodel. [read post]
1 Feb 2013, 7:13 am
Following the rebuke from the Court of Appeals for the DC circuit [CADC] on the 2012 cellulosic ethanol quotas, the EPA has issued quotas for 2013: under the proposed regulations, now open for comment, petroleum refiners would have to make or purchase credits for 2.75 billion gallons of advanced biofuels, such as biodiesel, and 14 million gallons of cellulosic biofuels.The number 14 million is ABOVE the number 8.65 million that was rejected by CADC. [read post]
27 Jul 2016, 9:28 am
This blog does not permit readers to append comments to posts, nor have comments ever been enabled at any point over this blog's long history. [read post]
16 Jun 2023, 6:07 am
" If that is true, and we assume it is true under Rule 12(b)(6), then plaintiff does assert he was denied a liberty interest. [read post]
23 Sep 2010, 6:00 am
” Only after an arbitration agreement found to exist does the strong presumption in favor of arbitration apply. [read post]
17 Feb 2009, 12:44 pm
Aspen Creek is also at odds with the recent decision from a California Court of Appeal in City of Stockton v. [read post]
1 Aug 2014, 9:33 am
Following arbitration, a trial court confirmed the arbitral award and Forest Oil appealed the decision to the First Court of Appeals in Houston. [read post]
28 Jul 2012, 5:44 pm
His appeal to the Crown Court was unsuccessful and he appealed to the Divisional Court by way of case stated. [read post]
18 Jan 2012, 11:17 am
Earlier this month the First Circuit Court of Appeals upheld the conviction of a couple who based their actions on some bad advice from their dentist. [read post]
13 May 2011, 3:00 pm
The court recognized that California agency law imposes a fiduciary duty on brokers when insurance law does not. [read post]
25 Nov 2019, 2:11 am
Given these decisions, the Appeals Court of Massachusetts reexamined how these cases impacted the decision in Commonwealth v. [read post]
3 Feb 2012, 6:41 pm
Gore does not suggest otherwise. [read post]
30 Nov 2016, 1:52 pm
The Court of Appeal reverses, explaining that the arbitration agreement allows a do-over, repeat arbitration, which is not an "appeal. [read post]
