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15 Mar 2011, 7:00 am
However, the Second Circuit Court of Appeals ruled that Desnoyers failed to understand what was meant by legal insufficiency. [read post]
14 Nov 2011, 9:02 am
As such, the court affirmed the district court ruling holding that the insurer did not meet its burden showing the odors constituted “pollution. [read post]
12 Dec 2019, 4:33 pm
Thus, the Court reversed the district court and ruled that MPN's water rights have been forfeited due to nonuse.Finally, the Court of Appeals upheld the district court's order that MPN pay attorney fees. [read post]
11 May 2011, 10:58 am
We therefore remand this case to the District Court with the instruction that, unless the parties resolve this dispute first, it enter an order consistent with this opinion. [read post]
21 Mar 2022, 1:31 pm
The homeowners appealed both administrative hearing decisions to the trial court, which upheld the Village’s decisions. [read post]
9 May 2018, 10:00 pm
However, many would agree that the proposed change would prevent one to use AIA trials before PTAB as a second chance to invalidate a claim, rather than as an alternative proceedings to civil trials in U.S. district courts. [read post]
2 Oct 2013, 6:00 am
Tort Talkers may recall from a previous blog post that the Pennsylvania Supreme Court has accepted an appeal in the case of Tincher v. [read post]
2 Oct 2013, 6:00 am
Tort Talkers may recall from a previous blog post that the Pennsylvania Supreme Court has accepted an appeal in the case of Tincher v. [read post]
30 May 2023, 12:15 am
Last month the Second District Court of Appeal sided with Curci, upholding the imposition of a constructive trust under the alter ego theory. [read post]
9 Aug 2016, 5:07 pm
Court of Appeals for the Second Circuit issued a very long (127 pages) ruling affirming in all respects the (400-page) opinion of the U.S. [read post]
11 Sep 2015, 9:06 am
The Appeals Court said, "CITGO urges this court to reverse the Clean Air Act convictions because the district court erroneously instructed the jury about the scope of a regulation concerning "oil-water separators. [read post]
15 Oct 2009, 12:32 am
According to the Advertiser and the Maui News, the Hawaii Supreme Court will hear an appeal by plaintiff-appellant Lanai residents asking that Council Member Sol Kaho'ohalahala be blocked from serving on the Maui County Council on grounds that he is not a resident of the council's Lanai residency district as required under Mauai Charter Sect. 3-3.In March, Judge Joseph Cardoza of the Second Circuit dismissed the suit, agreeing with Kaho'ohalahala… [read post]
12 Aug 2021, 6:31 am
Court of Appeals for the Fifth Circuit affirmed a judgment by the district court awarding over $148,000 in attorney fees. [read post]
16 Jul 2021, 7:08 am
A federal district court applied an incorrect legal standard for “actual use” by plaintiff Erik M. [read post]
17 Jul 2008, 1:32 am
In a decision that does not differentiate between an act and the result of an act, the California Court of Appeal, Second District, ruled that because the insured did not throw the plaintiff far enough, there was an “accident. [read post]
21 Dec 2023, 4:00 am
., and when the former stopped paying the rent, the latter commenced a summary proceeding to evict.While the Nassau County District Court granted a judgment in Kohl’s favor, and 5 Star was evicted, on appeal the Appellate Term (9th & 10th Jud.Dists.) reversed the underlying determination and directed that the landlord-tenant proceeding be dismissed.5 Star then filed suit in the Nassau County Supreme Court alleging, among other things, that it was… [read post]
25 Oct 2010, 4:30 am
The Court upheld the decision of the District Court. [read post]
26 May 2023, 1:27 pm
” Braude appealed, asking the Court to exand the record on appeal and, on the basis of the new evidence, hold that the district court erred in its grave-risk and ameliorative-measures findings. [read post]
22 Oct 2014, 4:23 am
The case was initially dismissed, but on appeal the Second Circuit vacated a part of the dismissal ruling and returned the case to the district court for further proceedings. [read post]
26 Jul 2017, 2:17 pm
The district court concluded that FMLA retaliation claims arise under 29 U.S.C. [read post]
