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Evidence fabrication claim is revived on appeal as Court of Appeals says trial court misled the jury
7 Apr 2021, 6:22 am
That language draws from "favorable termination" cases in our jurisdiction.The Court of Appeals revives the fabrication claim following the district court dismissal without determining whether McDonough changes the landscape in adding a "favorable termination" element to these claims. [read post]
6 Apr 2021, 2:34 pm
The district court, however, found the opposite. [read post]
6 Apr 2021, 11:09 am
Opponents filed an appeal and 1788 Holdings and the City Council filed a cross-appeal. [read post]
6 Apr 2021, 10:10 am
On Friday, April 2, the United States Court of Appeals for the Second Circuit issued a Summary Order affirming a district court’s finding that the Metropolitan Museum of Art’s use of a photographer’s photo on its website to illustrate a museum exhibit constituted a fair use. [read post]
6 Apr 2021, 10:10 am
On Friday, April 2, the United States Court of Appeals for the Second Circuit issued a Summary Order affirming a district court’s finding that the Metropolitan Museum of Art’s use of a photographer’s photo on its website to illustrate a museum exhibit constituted a fair use. [read post]
6 Apr 2021, 5:57 am
They lost in the district court and appealed to the Second Circuit, which holds the factual findings in the state proceedings are binding on the federal court and cannot be challenged in the federal forum. [read post]
6 Apr 2021, 3:00 am
The First District Court of Appeal upheld the Board’s imposition of additional mitigation requirements under the WDR. [read post]
5 Apr 2021, 2:30 pm
The Court of Appeal for the First District granted a petition from Lange to review the criminal case. [read post]
5 Apr 2021, 11:22 am
On appeal, the court affirmed the decision of the lower court. [read post]
5 Apr 2021, 7:57 am
Every time he won an appeal, Google appointed a new lead counsel. [read post]
5 Apr 2021, 7:16 am
The Court of Appeal of the State of California, Second Appellate District, recently held that neither California Civil Code section 2954.8 nor the parties’ loan agreement required the mortgagee to pay interest on insurance proceeds it held in escrow following the destruction of the plaintiff's home. [read post]
5 Apr 2021, 6:56 am
He has drafted coverage opinion letters involving complex coverage issues from 18 different states and has successfully briefed insurance coverage matters before Florida’s Second District Court of Appeals. [read post]
4 Apr 2021, 9:02 pm
” As discussed in the Fees Opinion, “the Second Circuit has instructed that defendants should not be penalized for a plaintiff’s choice of out-of-district counsel,” and travel time was not recoverable. [read post]
3 Apr 2021, 7:39 am
The US Court of Appeals for the Second Circuit affirmed the Southern District of New York’s ruling on Thursday dismissing New York City’s suit against Chevron. [read post]
2 Apr 2021, 1:18 pm
On appeal, the United States Court of Appeals for the Ninth Circuit reversed, holding that an ATDS included any device that had even the capacity to store and dial telephone numbers automatically. [read post]
2 Apr 2021, 12:30 pm
District Court: Fair use. [read post]
2 Apr 2021, 7:47 am
Seventy-five percent of the funding is to be used for a nationwide system of competitive bidding to fund broadband deployment in unserved areas, defined as areas with service below 25/25 Megabits per second (Mbps), and areas with low-tier service, defined as areas with service between 25/25 and 100/100 Mbps. [read post]
2 Apr 2021, 6:00 am
On January 21, 2021, the Court of Appeals affirmed that decision in its entirety. [read post]
2 Apr 2021, 4:00 am
District Court Judge Paul Gardephe’s ruling generally steered clear of the constitutional issues presented by such agreements in the context of political campaigns. [read post]
1 Apr 2021, 2:39 pm
The report includes not only a review of life sciences companies’ securities litigation class action filings trends but also examines life sciences companies’ track record in the courts, on motions to dismiss in the district courts and on appeal. [read post]
