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21 Dec 2016, 9:02 am
Cases are now pending certifying the same question to the highest state courts in California and Florida (see our summaries of the decisions on appeal here for California and here for Florida), who could follow the reasoning of the New York Court, or could theoretically go in a different direction altogether. [read post]
20 Dec 2016, 10:43 am
Burwell (Indian Health Service Contracts)State Courts Bulletinhttp://www.narf.org/nill/bulletins/state/2016state.html Stand Up for California! [read post]
20 Dec 2016, 10:27 am
Burwell (Indian Health Service Contracts) State Courts Bulletinhttp://www.narf.org/nill/bulletins/state/2016state.html Stand Up for California! [read post]
20 Dec 2016, 9:27 am
The court found that, on the pleadings and the facts subject to judicial notice, the claims were time-barred by the applicable statutes of limitations and the doctrine of laches. [read post]
19 Dec 2016, 12:38 pm
Can the state forfeit the $35k bike? [read post]
19 Dec 2016, 7:45 am
” [There is a reason that state consumer protection laws, and not just California’s, depart from traditional fraud principles, which are mainly caveat emptor.]The dissent worried that the “momentum to buy” analysis couldn’t be applied consistently. [read post]
18 Dec 2016, 1:17 pm
That includes: Take states to court. [read post]
18 Dec 2016, 8:02 am
Sorry to those 29 and 30 year olds who want to be a judge after fives years in the Bar. [read post]
16 Dec 2016, 6:00 am
Do you want to live with the prospect that a creditor will pop up down the road and reopen your bankruptcy case, or, worse yet, file suit in state court? [read post]
15 Dec 2016, 12:06 pm
Maxfield, a Connecticut state court case. [read post]
15 Dec 2016, 11:29 am
For intentional torts, the court stated that California law is complicated. [read post]
15 Dec 2016, 8:00 am
For example, California football star Brian Banks spent five years behind bars after classmate Wanetta Gibson accused him of rape. [read post]
15 Dec 2016, 7:35 am
” However, in a crucial blow to the Obama administration’s labor and employment legacy, a federal district court in Texas granted an emergency motion for a preliminary injunction barring the Department of Labor from enforcing its revised overtime rule that had been scheduled to take effect December 1, 2016. [read post]
14 Dec 2016, 1:36 pm
Rooker-Feldman Doctrine The Rooker-Feldman doctrine bars federal courts from exercising subject-matter jurisdiction over a proceeding in which a party losing in state court seeks what in substance would be appellate review of the state judgment in federal court. [read post]
14 Dec 2016, 12:23 pm
Furthermore, the Supreme Court has limited Congress’s authority to secure state and local compliance with federal policy under the Spending Clause. [read post]
13 Dec 2016, 3:31 pm
For example, California state Senator Bill Dodd introduced a bill to “override forced-arbitration clauses in contracts created through fraud”. [read post]
13 Dec 2016, 3:31 pm
For example, California state Senator Bill Dodd introduced a bill to “override forced-arbitration clauses in contracts created through fraud”. [read post]
13 Dec 2016, 9:55 am
Nursing Homes Lose Arbitration Clause I’m Ed Smith, a Sacramento nursing home abuse attorney. [read post]
13 Dec 2016, 5:57 am
In 2012, a federal District Court agreed with DMA and issued an order barring the Department of Revenue from enforcing the reporting requirements under the statute. [read post]
11 Dec 2016, 11:38 am
The California State Bar Court Review Department recommends disbarment of an attorney for misconduct relating to her parents' estate. [read post]
