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19 Feb 2024, 5:01 am by Eugene Volokh
" While the Enterprise's decision to publish the correction may amount to the paper's admission that its story "erred in the details," such a correction is not an admission that the article lacked substantial truth. } When referencing the entire history of the Morton "case," many reasonable non-lawyers—and even some lawyers—might very well refer to the Williamson County DA's decades-long effort to put Morton in prison and keep him there as… [read post]
19 Feb 2024, 4:00 am by Unknown
A two-judge majority then held that the district court properly imposed an injunction against Almagarby regarding future violations of the federal securities laws, but that the district court erred in banning Almagarby from penny stock offerings. [read post]
19 Feb 2024, 1:45 am by INFORRM
Olkowski successfully argued that the Chambers judge erred in his application of the Limitation Act 1978 by drawing an inference from the evidence before him that he (Dr. [read post]
18 Feb 2024, 11:28 pm by Staycie R. Sena
When a Florida woman suspected of driving under the influence crashed her car and was taken to the hospital, she allegedly kicked one of the attending nurses. [read post]
17 Feb 2024, 6:29 am by Mark S. Humphreys
 The trial court awarded a judgment notwithstanding the verdict, and Cobb appealed claiming the trial court erred in finding no evidence of undue influence, as well as its finding that the finding of undue influence with regard to the life insurance beneficiary designation was immaterial. [read post]
16 Feb 2024, 12:13 pm by Rebecca Tushnet
Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. [read post]
16 Feb 2024, 11:27 am by John Elwood
Palmer, 23-484Issues: (1) Whether a single-judge district court’s ruling on a claim under Section 2 of the Voting Rights Act, challenging a legislative district, may divest a three-judge panel of jurisdiction to decide a 14th Amendment challenge to that same district; (2) whether the lower court erred by deciding the Section 2 claim before the three-judge panel issued its opinion on the 14th Amendment claim regarding the same legislative district; (3) whether the lower court… [read post]
16 Feb 2024, 6:19 am by Overhauser Law Offices, LLC
  UIRC appealed, arguing that the district court erred in ruling that UIRC lacked the requisite originality for valid copyrights in the documents and in awarding fees to Blair. [read post]
16 Feb 2024, 5:37 am by Emily Bremer
Circuit erred by relying on its earlier interpretation of an ambiguous statutory provision to invalidate the agency’s selection of an alternative, permissible interpretation. [read post]
16 Feb 2024, 5:00 am
On appeal, the Commonwealth Court found that the trial court had erred in administratively dismissing the action for failure to prosecute given that one of the Defendants in the case had filed a voluntary bankruptcy proceeding and given that a bankruptcy stay had to be construed to apply to the dismissals.The lower court’s decision was vacated and the case was remanded for further proceedings. [read post]
15 Feb 2024, 9:05 pm by Dan Flynn
Defendants’ expert acknowledges that it was unlikely the laboratory erred, and all experts agreed that EPEC could cause symptoms as soon as four hours after ingestion. [read post]
15 Feb 2024, 6:37 am by Daniel M. Kowalski
Our brief addressed two main issues: 1) IES warranted relief under withholding of removal because his 2005 conviction was not a PSC; and 2) the IJ erred in analyzing IES’s eligibility for CAT relief. [read post]
14 Feb 2024, 10:00 pm
Since the 2009 complaint hadn’t been provided, and it was unclear whether acceleration had been sought in that earlier instance, the AD2 thought the court below had erred when it concluded, “as a matter of law, that the instant action was time-barred,” and the underlying determination was thus reversed.Will the parties now accelerate that? [read post]
14 Feb 2024, 1:48 pm by David Klein
The Third Appellate District also found that “because there is no ‘explicit and forceful language’ mandating that the Agency is prohibited from enforcing the Act until (at least) one year after the Agency approves final regulations, the trial court erred in concluding otherwise. [read post]
14 Feb 2024, 12:26 pm by Eugene Volokh
The pro se appellant erred in many ways, but the court stressed the hallucinations: Particularly concerning to this Court is that Appellant submitted an Appellate Brief in which the overwhelming majority of the citations are not only inaccurate but entirely fictitious. [read post]
14 Feb 2024, 9:21 am by Tobin Admin
The plaintiff also claimed that the trial court erred by finding that laches applied in denying her motion for service by publication. [read post]
14 Feb 2024, 5:59 am by Kelly McClure
The Jury Charge The husband appealed, arguing the trial court erred by not submitting a characterization charge to the jury. [read post]
14 Feb 2024, 5:30 am
The Superior Court noted that the trial court had erred in assuming that the witnesses were key witnesses as there was no evidence to support such a finding. [read post]
13 Feb 2024, 11:53 am by Phil Dixon
As to the First Amendment retaliation claim, the district court erred in granting summary judgment to the prison defendants. [read post]