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18 Sep 2018, 2:16 pm
Note the Second Circuit's reliance on a district court case (and not a Circuit court ruling) for its central holding in this case. [read post]
11 Jun 2015, 9:26 am
The circuit court granted the department store’s discovery request, and the man sought certiorari review from Florida’s Second District Court of Appeal. [read post]
25 Nov 2013, 6:22 am
Previously, the appeals court certified to the New York Court of Appeals questions regarding what types of employees are eligible to participate in a tip-pooling arrangement, and what factors the court should consider in determining eligibility. [read post]
14 Jun 2023, 4:56 am
Court of Appeals for the Fourth Circuit has lifted an injunction on a motion to enforce a settlement agreement entered by the federal district court in Virginia. [read post]
20 Jul 2015, 2:19 pm
Florida’s second district Court of Appeals recently held in Miltiades v. [read post]
22 May 2012, 11:38 am
BCC8930, was just decided by the Second District Court of Appeals and the opinion released yesterday on May 21, 2012. [read post]
17 Aug 2010, 4:03 pm
On August 17, 2010, the United States Court of Appeals for the Second Circuit in New York City ruled against New York City and in favor of The Permanent Mission of India to the United Nations and the Principal Resident Representative of the Mongolian People's Republic to the United Nations. [read post]
1 Feb 2007, 12:53 am
A Court of Appeal in the Second Appellate District in the State of California awarded "litigation expenses" (which include attorneys' and appraisers' fees and costs) to a defendant who was dismissed during the litigation because he sold his property interest (to another defendant) while the action was pending - thus mooting the action against him. [read post]
2 Jan 2011, 5:16 am
The decision cites a need for finality, and, frowning on higher court review merely to correct error, the high court emphasized the importance of not permitting a second appeal in the district court after a circuit court makes a decision in its appellate capacity. [read post]
22 May 2007, 12:16 pm
The first: the Second Circuit Court of Appeals has ruled the district judge in the case erred in exercising jurisdiction over former KPMG employees’ efforts to recoup attorneys fees from KPMG. [read post]
18 Jan 2018, 2:00 am
Court of Appeals for the 7th Circuit). [read post]
23 Feb 2015, 12:27 pm
Next, the man filed an appeal with Florida’s First District Court of Appeal. [read post]
10 Aug 2010, 2:32 pm
On July 26th, the Fourth Circuit Court of Appeals dismissed a lawsuit brought by the State of North Carolina against the Tennessee Valley Authority (“TVA”) alleging that interstate air emissions from TVA power plants create a public nuisance. [read post]
8 Sep 2017, 3:27 pm
District Court for the Eastern District of Texas disagreed. [read post]
8 Sep 2017, 3:27 pm
District Court for the Eastern District of Texas disagreed. [read post]
26 May 2020, 7:12 am
If the Supreme Court agrees to hear the County’s appeal, it will be the second time the case will come before the Supreme Court. [read post]
16 Dec 2015, 12:08 pm
Plaintiffs’ counsel is also contemplating an appeal. [read post]
14 Aug 2023, 9:11 am
Brief Background and the Court of Appeal’s Opinion The Court of Appeal’s straightforward opinion resolved the second of two appeals in this litigation; the case’s underlying facts are discussed and the Court’s lengthy first opinion is analyzed in my October 21, 2021 post, which can be found here. [read post]
26 May 2015, 6:48 am
The Second Circuit reinstates the case.Harvey wins the appeal. [read post]
24 Aug 2018, 7:09 am
Second, Ҥ 3582(c)(2) presents a narrow exception to the general rule that a district court may not modify a final sentence. [read post]