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9 Apr 2007, 1:14 pm
Indeed, the First does something strange, and without much discussion: it expands the scope of the Certificate of Appealability on its own, citing Villot v. [read post]
1 Apr 2019, 4:59 pm
” The Court also explained that the new law “does not change the legal consequences for peace officer conduct described in pre-2019 records. [read post]
21 Nov 2008, 8:09 am
The Court of Appeals rejected both lines of reasoning. [read post]
30 Apr 2020, 11:32 am
Force Majeure in California: Does the COVID-19 Pandemic Qualify? [read post]
19 Mar 2016, 2:41 am
Accordingly, “a bundle of press articles showing the claimant and YMA’s commitment to each other does not present a false image requiring correction” [47]. [read post]
10 Feb 2012, 1:23 pm
The Appeals Court does not hold back in expressing its displeasure with this case and its attorney and plaintiffs. [read post]
30 Jan 2018, 3:00 am
Grefer appealed to the Fifth Circuit. [read post]
16 Mar 2012, 1:57 pm
In other words, allowing the city to take and modify the property does not mean that the city could not restore the land if the owner ultimately wins on the public use issue. [read post]
2 Jan 2010, 7:49 pm
The 10th Circuit Court of Appeals ruled that a common drug supplier does not make a conspiracy. [read post]
2 Jan 2010, 7:49 pm
The 10th Circuit Court of Appeals ruled that a common drug supplier does not make a conspiracy. [read post]
6 Feb 2019, 6:44 pm
The trial court ruled that the married couple did not establish actionable nuisance (an unreasonable interference with another's use and enjoyment of property), and the Court of Appeals recently affirmed that ruling in an unpublished opinion. [read post]
25 Nov 2014, 3:29 pm
Now what the sanctions are is not set out, but 6 officers, including managers, does not amount to an isolated problem. [read post]
31 May 2020, 10:00 pm
In yet another twist, in late 2018, a Technical Board of Appeal declared the EPO’s practice under Rule 28(2), invalid for plant and animal patents. [read post]
4 Dec 2007, 5:43 pm
The Court first noted, given there was no new evidence filed on the Appeal (an option where there is an appeal from a section 45 mark), that the standard on the Appeal was one of reasonableness. [read post]
24 Jan 2019, 10:28 am
A Washington appeals court recently considered an appeal of an anti-harassment order. [read post]
31 Mar 2010, 7:02 am
The Court of Appeals reasoned that while the language of Education Law §3602-c does not compel on site provision of services, it allows for the provision of services on site at a private school. [read post]
16 Jul 2010, 9:35 am
"Stub rent" is administrative expense here, section 365(d)(3) does not supplant section 503(b). [read post]
1 Jun 2020, 8:00 am
Supreme Court granted the City's motion for summary judgment dismissing the complaint and Plaintiff appealed from those branches of the City's motion that resulted in the dismissal of Plaintiffs causes of action alleging common-law negligence and loss of consortium.The Appellate Division sustained the Supreme Court's determination, explaining that although employers in New York State generally "have a common-law duty to provide their employees with a safe place to… [read post]
1 Jun 2020, 8:00 am
Supreme Court granted the City's motion for summary judgment dismissing the complaint and Plaintiff appealed from those branches of the City's motion that resulted in the dismissal of Plaintiffs causes of action alleging common-law negligence and loss of consortium.The Appellate Division sustained the Supreme Court's determination, explaining that although employers in New York State generally "have a common-law duty to provide their employees with a safe place to… [read post]
17 Jul 2020, 6:04 am
Court of Appeals for the Ninth Circuit recently affirmed the dismissal of a borrower’s complaint under the federal Fair Debt Collection Practices Act arising from a judicial foreclosure proceeding in Oregon, holding that the defendants were not attempting to collect a debt within the meaning of the FDCPA when only foreclosure was sought and not a deficiency judgment. [read post]
