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29 Oct 2009, 11:11 pm
In its petition for certiorari before the Ninth Circuit Court of Appeal, and now before the United States Supreme Court, Hertz contends that the different circuits in the country are applying four different tests to determine the ‘principal place of business’, necessitating some clarity from the Supreme Court about the appropriate test to be used. [read post]
U.S. Supreme Court Will Again Consider Enforceability of Class Action Waivers in Arbitral Agreements
26 Feb 2013, 7:30 am
The appeal from the United States Court of Appeals for the Second Circuit addresses whether the Federal Arbitration Act allows a court to invalidate an arbitration agreement that does not permit class arbitration of a federal law claim. [read post]
7 Jan 2009, 5:50 am
P. 4(b)(1)(B)(i), herebyappeals to the United States Court of Appeals for the Eleventh Circuit from the Order GrantingDefendant's Motion to Dismiss Count One of the Third Superseding Indictment (Docket Entry192) entered in the above entitled matter on December 22, 2008.DATED this 7th day of January, 2009.Respectfully submitted,MATTHEW W. [read post]
10 Oct 2006, 2:07 pm
State, Court of Appeals No. 79A02-0603-CR-180 (Ind. [read post]
16 Jun 2011, 10:45 am
Court of Appeals for the Third Circuit was in error. [read post]
13 Feb 2018, 7:30 am
The case is United States ex rel. [read post]
20 Jun 2012, 7:38 pm
The United States Court of Appeals for the Ninth Circuit has ruled that an employer-based health insurance plan did not have a right to full reimbursement from a personal injury plaintiff who recovered only a fraction of her damages from the wrongdoer. [read post]
19 Mar 2010, 8:09 am
In a first-of-its-kind decision, the United States Court of Appeals for the Third Circuit has determined that a teenager and her mother are likely to prevail on First and 14th Amendment claims brought after a local prosecutor threatened to prosecute the teen for “sexting. [read post]
7 Apr 2016, 9:00 am
The Michigan Health Insurance Claims Assessment Act is back for reconsideration before the United States Court of Appeals for the Sixth Circuit. [read post]
12 Jun 2014, 8:33 am
On June 6, the Court of Appeals for the Third Circuit, in US ex rel Foglia v Renal Ventures Mgmt, sided with the First, Fifth, and Ninth Circuits (and against the Fourth, Sixth, Eighth, and Eleventh Circuits), and held that the whistleblower in the declined qui tam before it need only allege the particular details of a scheme to submit false claims, along with reliable indicia that lead to a strong inference that claims were actually submitted. [read post]
18 May 2015, 8:05 am
The Court left open the question of whether this interpretation also would preclude an appeal of a trial court decision that was itself the third strike. [read post]
5 Sep 2019, 10:36 am
Court of Appeals for the Third Circuit in the Pennsylvania Attorney General’s lawsuit against Navient Corp. [read post]
16 Aug 2018, 8:33 am
The United States Court of Appeals for the Fifth Circuit has affirmed a district court’s order compelling arbitration despite one party’s avoidance attempts. [read post]
18 Jun 2019, 11:31 am
Court of Appeals for the Federal Circuit opinion, Regents of the University of Minnesota v. [read post]
1 Oct 2008, 6:44 am
In United States v. 4.85 Acres of Land, No. 07-35310 (Sep. 29, 2008), the US Court of Appeals for the Ninth Circuit held that the trial court should not have refused to admit evidence of sales at properties nearby the property taken, even though the sales occurred after the taking. [read post]
22 Jun 2011, 10:44 am
Circuit Court of Appeals issued its opinion in Ali v. [read post]
28 Mar 2017, 12:04 pm
On March 24, 2017, the Louisiana Supreme Court declined to consider the Louisiana Third Circuit Court of Appeal’s decision in XXI Oil & Gas v. [read post]
28 Mar 2017, 12:04 pm
On March 24, 2017, the Louisiana Supreme Court declined to consider the Louisiana Third Circuit Court of Appeal’s decision in XXI Oil & Gas v. [read post]
28 Mar 2017, 12:04 pm
On March 24, 2017, the Louisiana Supreme Court declined to consider the Louisiana Third Circuit Court of Appeal’s decision in XXI Oil & Gas v. [read post]
1 Jun 2012, 10:22 am
May 18, 2012), the United States Court of Appeals for the Fifth Circuit ruled that an arbitrator exceeded his powers in finding the parties' agreement authorized class arbitration (hat tip to Victoria VanBuren at Disputing). [read post]