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11 Feb 2024, 4:01 am by Administrator
The Superior Court also erred in entering a stay of proceedings for all of the appellants without first considering less drastic remedies that could have fully redressed the prejudice to the integrity of the justice system that it thought it had identified. [read post]
9 Feb 2024, 7:00 am by Class Action Defense
Feb. 1, 2024), the Third Circuit held that a District Court erred when it granted summary judgment for an employer and dismissed a case brought by … Continue reading "Third Circuit Breathes New Life Into EEOC Enforcement Lawsuit" [read post]
Here’s a tale from the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers), which told a Texas trial court that it erred in dismissing a Family and Medical Leave Act (FMLA) retaliation lawsuit against the city of Granbury. [read post]
8 Feb 2024, 2:41 pm by Mark Walsh
Anderson, about whether the Colorado Supreme Court erred in excluding former President Donald Trump from the state’s 2024 presidential primary ballot. [read post]
8 Feb 2024, 10:35 am by Eric S. Solotoff
In affirming, the Appellate Division boiled the issue down as follows: Defendant’s contention that the court erred by finding a predicate act of harassment is notpersuasive. [read post]
8 Feb 2024, 9:53 am
Cooney(Malicious prosecution; intentional spoliation of evidence; motion for summary judgment; claim that trial court improperly granted defendant's motion for summary judgment with respect to plaintiff's malicious prosecution claim; claim that trial court improperly rejected plaintiff's arguments with respect to her claim of intentional spoliation of evidence; reviewability of claim that trial court erred in admitting into evidence notes defen [read post]
8 Feb 2024, 7:53 am by Alex Phipps
The court concluded that “[h]ere, there was no evidence presented at trial from which the jury could have rationally found that Defendant committed the lesser offense[s] . . . because the State’s evidence is positive as to the element of serious bodily injury and there is no conflicting evidence. [read post]
8 Feb 2024, 6:00 am by DONALD SCARINCI
Court of Appeals for the 2nd Circuit erred in holding that a failure to make a disclosure required under Item 303 of SEC Regulation S-K can support a private claim under Section 10(b) of the Securities Exchange Act of 1934, even in the absence of an otherwise misleading statement. [read post]
7 Feb 2024, 2:35 pm by Marty Lederman
 In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
7 Feb 2024, 2:02 pm by Marty Lederman
In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
7 Feb 2024, 4:30 am by Michael C. Dorf
Anderson, which presents the question whether the Colorado Supreme Court erred when it held that Section 3 of the 14th Amendment bars Donald Trump from eligibility for the Presidency (and thus the ballot for the Presidency) in virtue of having "engaged in insurrection or rebellion" in the leadup to and during the breach of the Capitol on January 6, 2021 after having taken the oath of office nearly four years earlier. [read post]
6 Feb 2024, 2:26 pm by Tobin Admin
In a recent appeal, a Georgia motorist argued that the trial court erred in dismissing her case against an insurance company and that the trial court erred in denying her motion to vacate that ruling. [read post]
On appeal, the Delaware Supreme Court reversed the Chancery Court and ruled that it erred in imposing “the notion of reasonableness” (i.e., the “same test as applied to traditional non-compete agreements” with employees). [read post]
5 Feb 2024, 1:56 pm by Peter J. Stuhldreher, Paul M. Knettel
Thus, the 5th Circuit found that the Limitations Provision was enforceable and, therefore, the District Court erred by allowing Harris’ Section 1981 claims to proceed to trial. [read post]
4 Feb 2024, 8:53 pm by Howard Bashman
Anderson, the Respondents’ Theory Would Render Unconstitutional Every Speaker and President Pro Tempore Since 1789, as Well as President Grant’s VP and Presidential Candidate George McGovern; Justice Scalia erred because there are no ‘Officers of the United States’ appointed outside Article II, Section II” appeared first on How Appealing. [read post]