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2 Aug 2022, 9:01 pm
”[8] After the Supreme Court’s decision, the lower courts have been grappling with the impact of Lorenzo on securities laws.[9] The Second Circuit’s decision in this case clarifies that Lorenzo does not mean that the separate provisions of Rule 10b-5 are fully overlapping.[10] Factual and Procedural Background In a complaint filed in the Southern District of New York in 2017, the SEC alleged that defendants Rio Tinto plc and Rio Tinto Ltd. [read post]
13 Jun 2013, 7:54 am
District Judge, complied in all respects with Rule 11.The question presented is whether, as the Court of Appeals for the Eleventh Circuit held, the violation of Rule 11(c)(1) by the Magistrate Judge warranted automatic vacatur of Davila’s guilty plea. [read post]
11 Sep 2016, 5:07 pm
The district court ruled in favor of the state. [read post]
13 Aug 2017, 4:00 am
In a recent case out of Plain Dealing, Louisiana however, the Louisiana Second Circuit Court of Appeal affirmed that school teachers and the school board can now be held liable for such bullying and its effects. [read post]
5 Jun 2012, 5:00 am
Yesterday, the Court of Appeal (Second Appellate District, Division Two) affirmed a post-Concepcion order compelling arbitration and dismissing the (previously-certified) class claims. [read post]
23 Dec 2014, 9:27 am
Apparently, based on the Florida Third District Court of Appeal's recent decision in Deutsche Bank Trust Company Americas, etc. v. [read post]
14 May 2015, 2:22 pm
After plaintiffs appealed, the United States Court of Appeals for the Second Circuit certified several questions to the New York State Court of Appeals, including whether, under Vehicle and Traffic Law § 388(1), the vehicle must have been the proximate cause of the injury before the vehicle's owner could be held vicariously liable. [read post]
17 Apr 2008, 3:22 pm
Gill , No. 07-0284 "Sentence for making false statements relating to a health care matter is affirmed where the district court did not error conditions of supervised release: 1) preventing defendant from engaging in the business of counseling for the period of supervision; and 2) requiring defendant to make restitution payments in connection with a prior conviction until the financial obligation is paid in full. [read post]
20 Jul 2009, 11:23 am
(EDITOR’S UPDATE: The recent decision of the Court of Appeals for the Second Circuit in SEC v. [read post]
24 Nov 2020, 10:55 am
The district court in this case found that Bickers satisfied each element of this test, with the bulk of the Court’s analysis on the third prong. [read post]
1 Feb 2018, 6:12 am
The trial court initially allowed the case to go to trial, but then the trial court taketh away, and the Court of Appeals affirms.The case is Saji v. [read post]
4 Feb 2011, 12:43 pm
In December of 2010, however, the Illinois Court of Appeals for the Second District decided Reliable Fire Equipment Company v. [read post]
30 Jul 2009, 3:00 am
The district court denied the motion to compel arbitration and Jindal now appeals. [read post]
12 Feb 2015, 6:23 am
Accordingly, the appeals court vacated and remanded the district court’s order denying class certification. [read post]
18 Nov 2009, 9:09 am
Skoien pleaded guilty but reserved his right to appeal [on Second Amendment grounds] the district court’s denial of his motion to dismiss the indictment.... [read post]
19 Oct 2007, 10:00 am
District Court for the Eastern District of New York alleging that CSI’s refusal to recognize the fraternity was a violation of its free-association rights under the U.S. [read post]
14 Mar 2008, 7:00 am
Then, in August of 2006 – more than two years after the missed trial setting and six years after the case was originally filed – the District Court put the case on the dismissal docket for a second time. [read post]
25 Feb 2010, 6:52 am
It is the place that Courts of Appeals have called the corporation’s “nerve center. [read post]
9 Jul 2023, 9:02 pm
Provident Consumer Discount Co. that an appeal “divests the district court of its control over those aspects of the case involved in the appeal. [read post]
4 Jan 2019, 3:20 pm
Capital Fitness, Inc. d/b/a XSport Fitness, et al., No. 2-17-1035 (Appellate Court of Illinois, Second Judicial District). [read post]
