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28 Mar 2016, 12:21 pm
Court of Appeals for the District of Columbia Circuit ruled that the arbitration clause of the disputed contract was separate from the remainder of the deal, and could be enforced. [read post]
26 May 2023, 1:21 pm
Second, it was clear that neither Erazo’s nor M.S.O. [read post]
22 Oct 2012, 1:18 am
As discussed here, appeals before the Second Circuit remain pending both in the Porsche case and in the Société Générale case. [read post]
19 Jul 2024, 6:31 am
Since Oluwole defaulted, the district court entered a default judgment against him, and following a damages hearing, the district court awarded plaintiff $100,000 in damages. [read post]
13 Mar 2012, 8:55 am
Court of Appeals for the D.C. [read post]
26 Jul 2021, 2:29 pm
Henry sued, and the District Court held his "claims did not lie at the core of the Second Amendment and therefore were subject to intermediate scrutiny because Henry did not 'actually alleg[e] in his complaint that Nassau County has implemented a policy banning all firearm ownership for all people.'" The Second Circuit disagreed: As an initial matter, the district court's scrutiny analysis was flawed because "the… [read post]
25 Mar 2022, 4:32 pm
Navy Seals 1–26, the Supreme Court stayed "[t]he district court's January 3, 2022 order, insofar as it precludes the Navy from considering respondents' vaccination status in making deployment, assignment, and other operational decisions … pending disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. [read post]
15 Dec 2015, 12:52 pm
Not only did Uber respond to the district court’s December 9, 2015, ruling (discussed in our December 11 blog) with an immediate notice of appeal, but on December 11 it rolled out a new arbitration agreement for its drivers. [read post]
7 Sep 2022, 7:30 am
Constitution guarantees the right to conflict-free legal representation and District Court Judge David A. [read post]
30 Apr 2021, 6:55 am
April 27, 2021), settled a dispute among Second Circuit district courts on the issue, while deepening a circuit split, and is welcome news for employers. [read post]
5 Apr 2017, 9:08 am
District Court for the District of Delaware(“Delaware District Court”), which addressed the “same”arguments and the “same” evidence and found the AssertedClaims nonobvious in two prior opinions. [read post]
4 Sep 2015, 6:58 am
Next, the appeals court found that the district court’s decision raised issues as to the applicability of McDonnell Douglas at the pleading stage as well as the pleading standards for discrimination claims. [read post]
12 Apr 2012, 6:42 am
Court of Appeals for the Second Circuit has revived a magazine wholesaler’s claims of an antitrust conspiracy in the magazine industry and granted permission to that plaintiff to file an amended complaint in Anderson News, L.L.C. v. [read post]
5 Mar 2019, 7:10 am
On the other hand, the appeals court agreed with the district court’s conclusion with regard to the second Silk factor, which examines the relative investments of the two parties to the relationship. [read post]
4 Oct 2019, 7:26 am
District Court for the District of Delaware’s finding that the asserted claims are ineligible under Section 101. [read post]
8 Jun 2023, 11:00 pm
After an owner commenced a holdover proceeding in Suffolk County District Court, alleging that the Coalition of Landlords’ tenancy had expired and that it remained in possession as a month-to-month tenant, the latter commenced a declaratory judgment action in Suffolk County Supreme Court alleging that a 2002 lease rider had extended the tenancy through 2054.After the Supreme Court found that rider unenforceable, the landlord asked the District… [read post]
23 May 2008, 11:40 am
The trial court concluded that it was not such a determination, and the Court of Appeal (Second District, Division Eight) agreed. [read post]
22 Jun 2011, 8:42 am
To date, two courts of appeals—the Second and the Ninth—allow such coverage. [read post]
29 Jul 2014, 6:11 am
Finding a lower court had “overlooked evidence” in holding that an African-American plaintiff lacked sufficient evidence of pretext to support his Title VII race discrimination and retaliation claims, the Second Circuit vacated two district court orders granting summary judgment to the employer and revived the pro se plaintiff’s claims. [read post]
8 Mar 2007, 12:50 pm
§ 846, appeals her sentence of, principally, 72 months' imprisonment on the ground that the district court improperly considered and relied upon her West-African heritage during the sentencing proceeding. [read post]
