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1 Jan 2013, 5:01 pm
In the present case, the notice of appeal does not contain such an explicitly formulated request. [read post]
11 Aug 2009, 7:08 am
"Justices reverse decision barring death row appeal," is the title of Lise Olsen's report in today's Houston Chronicle.The Fifth Circuit Court of Appeals has reversed itself in a surprising new opinion that revives an appeal by a Texas death row inmate that previously had been denied for being filed one day too late.The unusual about-face does not give a new trial to Keith Thurmond, a Montgomery County man convicted in 2002 of… [read post]
19 Nov 2013, 8:47 am
Unhelpfully, there was a drafter's memo to the relevant legislation which said pretty much that.Jones is also important because the Court of Appeals held that service by the court of a copy of an order does not start the clock for filing a notice of appeal. [read post]
16 Jan 2015, 1:37 pm
Expiration of the covenant does not impact an appeal. [read post]
9 Aug 2019, 8:42 pm
Pope A recent decision from the Georgia Court of Appeals, Rautenberg v. [read post]
3 Feb 2022, 7:37 am
Court of Appeals for the Third Circuit recently ruled that the application of Pennsylvania usury laws to vehicle-secured loans made to Pennsylvania residents who travel outside of Pennsylvania to obtain such loans does not violate the Commerce Clause of the U.S. [read post]
22 Apr 2015, 6:57 am
Therefore, the district court did not err in concluding that ICWA does not apply here. [read post]
22 Oct 2007, 5:25 am
But Rule 23(f) does not allow interlocutory appeals from orders designating (or not designating) lead plaintiffs-and although 28 U.S.C. [read post]
15 Aug 2018, 6:09 am
Several neighboring property owners then sought review of this determination, claiming that the use was in fact commercial in nature, but the zoning board denied the neighbors’ appeal on the basis that “[c]ommercial use, as contemplated by Section 8 of the Zoning Ordinance, does not include the production of plants and crops for sale offsite. [read post]
11 Jun 2015, 5:51 am
Kipp appealed to the U.S. [read post]
21 Jan 2015, 9:13 am
§1291 as an appealable final decision. [read post]
19 Nov 2008, 2:50 pm
The Court of Appeals also held that due process does not require that a party against whom sanctions are sought be put on notice of the specific type of sanctions which may be ordered, rejecting a due process challenge by the Plaintiff. [read post]
30 Mar 2020, 6:00 am
This appeal followed. [read post]
11 Dec 2009, 10:52 am
 Concluding, as did the Eleventh Circuit, that an order requiring the disclosure of allegedly privileged information can manageably be reviewed on appeal from a final judgment, the Court held that the collateral order doctrine does not allow the immediate appeal of such an order. [read post]
23 Oct 2019, 11:52 am
The CAFC noted, “[f]or over one hundred years, the Patent Office has made clear that it does not grant patents for designs disembodied from an article of manufacture. [read post]
26 Oct 2022, 10:15 am
The Internal Revenue Service’s (the “IRS”) audit division denied the refund request, and the IRS appeals division denied Trafigura’s protest of the refund claim denial because it “does not consider arguments based on constitutional grounds. [read post]
17 Oct 2009, 9:17 pm
"Suspect can be extradited, court rules; Supreme Court overturns Ontario Court of Appeal decision": Today's edition of The Toronto Globe & Mail contains an article that begins, "An Arizona man can be extradited on a murder charge despite the fact that evidence against him does not equate with Canadian legal requirements, the Supreme Court of Canada ruled yesterday. [read post]
11 Jul 2014, 6:47 am
The issue in the appeal was whether the trial judge properly considered Belew’s service-related mitigating factors in sentencing. [read post]
21 Apr 2020, 9:43 am
Code 139.53(b)(4)…Does any testify that during the current pandemic, abortion providers are not wearing masks? [read post]
16 Mar 2018, 7:23 am
” The Court cautioned, however, that a discovery request for social media-related information does not trigger mandatory disclosure of all posts. [read post]
