Search for: "Unpublished Disposition"
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21 Nov 2012, 12:48 pm
Judge Ward entertained and granted dispositive motions for summary judgment, on grounds that the plaintiffs’ expert witnesses’ testimony was inadmissible. [read post]
1 Mar 2018, 1:24 pm
It can make a huge difference for unpublished works, for example; indeed, it was virtually dispositive in the Harper & Row v. [read post]
8 Nov 2021, 9:43 am
(In the unpublished portion of its opinion, which won’t be further discussed in this post, the Court of Appeal held the trial court was correct in finding that substantial evidence supported a fair argument that the project may have a significant impact on the beetle, thus requiring an EIR, and also concluded the trial court did not err in upholding the County’s determinations that the project was consistent with the Williamson Act and County’s zoning code.) [read post]
3 May 2021, 9:58 am
(In the lengthy, unpublished portion of its opinion, the Court of Appeal went on to hold that appellant SSE failed to exhaust its administrative remedies on numerous issues, including its challenges to: the EIR’s use of a 5-year average/2009 actual production baseline; alleged insufficient mitigation for oak removal/loss of carbon sequestration impacts; alleged deficient water use baseline and mitigation; and water quality impact analysis. [read post]
8 Oct 2013, 11:59 am
City of Fresno (5th Dist. 2007) 150 Cal.App.4th 596, 598, 601-605 [affirming order dismissing CEQA action where request for hearing filed one day late and before motion to dismiss; portion of opinion affirming denial of discretionary relief under CCP § 473 was unpublished]; compare also Nacimiento Regional Water Management A [read post]
21 Jun 2021, 8:55 am
” (In the unpublished portion of its opinion, which won’t be analyzed in further detail in this post, the Court held the County did not impermissibly defer mitigation, and it declined to consider two other arguments because they added nothing to the fair argument analysis and/or constituted new theories or arguments raised for the first time on appeal.) [read post]
26 Dec 2013, 9:01 pm
In light of the disposition of the Obama Administration, Snowden has been on the run and seeking exile since his first leak. [read post]
16 Jan 2014, 7:21 am
The Eleventh Circuit, in an unpublished opinion, held that Lane was not testifying as a citizen on a matter of public concern, and thus could not stake out a First Amendment retaliation claim. [read post]
28 Apr 2008, 4:30 am
In subsequent years I have seen the Schindler formulation quoted on numerous occasions in published and unpublished decisions. [read post]
21 Sep 2015, 3:29 am
The claim invited a defense motion to dismiss, which was granted by Suffolk County Commercial Division Justice Elizabeth Hazlett Emerson in an unpublished May 2010 decision (read here). [read post]
9 Oct 2019, 12:59 pm
The unpublished portion of the opinion (which won’t be further discussed in detail) held that the City’s statement of overriding considerations was supported by substantial evidence, did not need to “describe in detail the weight accorded to the various aspects of the agency’s balancing of competing public objectives,” and did not need to include findings “reconciling” the project approval with the CIty’s rejection of an earlier,… [read post]
26 Feb 2019, 10:24 am
” Interestingly, it supports this conclusion with a lengthy footnote citing reasoning in an unpublished 2006 opinion from the Second District. [read post]
27 Oct 2008, 3:40 pm
This is Utah: "Unpublished decisions of the COA issued on or after 10/1/1998 may be cited as precedent. [read post]
29 Jan 2014, 4:59 am
Goodlatte (committee chair): Fair use was codified only in 1976 but part of copyright law before that; changed a bit in 1992 for unpublished works but unchanged otherwise. [read post]
26 Jul 2018, 4:00 am
Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. [read post]
20 Feb 2019, 2:37 pm
This article examines some recent published and unpublished decisions from last decade of eminent domain cases in Ohio, and considers their effect on appropriation proceedings in the State, particularly in the areas of evidentiary, substantive, and procedural issues. [read post]
7 Jun 2011, 2:17 pm
In the unpublished portion of the opinion, the Court found that the trial court properly gave a first aggressor instruction where Mr. [read post]
13 Feb 2023, 7:54 am
(There was also a provision allowing registration of an unpublished work, which would replace the common-law copyright with a federal statutory copyright.) [read post]
7 Nov 2014, 5:52 am
We’ve made no secret of our distaste for the so called “heeding presumption” – that juries may presume that any alternative “adequate” warning would have been heeded by the plaintiff (or, in prescription medical product cases, the prescriber). [read post]
19 Sep 2011, 9:36 am
With the exception of a few evidence scholars, Federal Rule of Evidence 703 is ignored or misunderstood in practice. [read post]
