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23 Jan 2008, 2:41 am
One is an appeal from a district court if a claimant had foregone the administrative route and chosen to file directly in federal court (permitted if the administrative proceedings are not concluded within 180 days).The other is an appeal of a ruling from the Administrative Review Board. [read post]
23 Jan 2008, 2:26 am
We discussed, however, four "avenues of appeal" that the district court could have followed for the parties to have an appeal "as a matter of right. [read post]
22 Jan 2008, 11:47 am
U.S. 5th Circuit Court of Appeals, January 15, 2008 US v. [read post]
22 Jan 2008, 2:18 am
District Court for the Southern District of Mississippi granted summary judgment to Allstate, holding that the policy did not provide coverage for storm surge. [read post]
20 Jan 2008, 5:22 am
Cruz, (5th Cir., Jan. 14, 2008), the U.S. 5th Circuit Court of Appeals affirmed the dismissal of a Muslim inmate's First Amendment and RLUIPA claims challenging the Texas prison system's policy on the substitution of pork entrees with other food items.In McCollum v. [read post]
18 Jan 2008, 2:47 am
Although this appears to be a question of first impression in this Court, the Sixth District Court of Appeals has concluded that the rule of Crawford applies to the actual criminal trial, not to a suppression hearing. [read post]
17 Jan 2008, 7:26 pm
The 5th U.S. [read post]
17 Jan 2008, 2:11 pm
Earlier Thursday, the 5th Circuit Court also refused to bar the enforcement of the loyalty oath pending an appeal by Kucinich to the Supreme Court. [read post]
16 Jan 2008, 11:28 pm
., Jan. 16, 2008), the U.S. 6th Circuit Court of Appeals upheld an elementary school principal's decision to prevent a 5th grade student from selling religious-themed material as part of a Classroom City project in which students using faux school currency sold goods they had produced specifically for the event. [read post]
15 Jan 2008, 1:50 pm
U.S. 5th Circuit Court of Appeals, January 09, 2008 US v. [read post]
15 Jan 2008, 4:26 am
The district court issued the preliminary injunction requested by plaintiffs. [read post]
14 Jan 2008, 1:23 am
Although the District Court rejected the company’s arguments, it did certify an interlocutory appeal to the Fifth Circuit Court of Appeals. [read post]
14 Jan 2008, 1:23 am
Although the District Court rejected the company’s arguments, it did certify an interlocutory appeal to the Fifth Circuit Court of Appeals. [read post]
9 Jan 2008, 10:55 am
The District Court dismissed Crown Point’s complaint on that basis. [read post]
9 Jan 2008, 10:55 am
The District Court dismissed Crown Point’s complaint on that basis. [read post]
8 Jan 2008, 6:53 am
., 296 NLRB 1057 (1989), enfd. as modified 923 F.2d 398 (5th Cir. 1991), and failed to poll the employees by secret ballot as required by Struksnes Construction Co., 165 NLRB 1062 (1967). [read post]
4 Jan 2008, 1:33 pm
National Capital Revitalization Corp., No. 06-CV-645 (July 12, 2007), the District of Columbia Court of Appeals reinstated a pretext claim that had been dismissed by the trial court, holding that the trial court should have undertaken a factual inquiry "to determine that the legislation had 'an overriding public purpose' and 'will provide substantial benefits to the public'" as claimed by the condemnor. [read post]
26 Dec 2007, 4:19 am
It is for the appellate court to determine whether an appeal is frivolous, not the district court, id. [read post]
22 Dec 2007, 7:14 pm
The language of the reservation and prohibition in this case are very similar to those considered by the First District Court of Appeal in Mann v. [read post]
22 Dec 2007, 5:17 pm
"Order keeps Kent from hearing certain cases": The Galveston County Daily News today contains an article that begins, "The latest order by the 5th Circuit Court of Appeals will greatly restrict the cases U.S. [read post]
