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23 Jul 2010, 9:51 am
But in case a client needs further convincing, Justice Sills discusses how appellate briefs receive greater judicial scrutiny by multiple justices with more time to devote to briefs than their trial court brethren. [read post]
23 Jul 2010, 9:51 am
But in case a client needs further convincing, Justice Sills discusses how appellate briefs receive greater judicial scrutiny by multiple justices with more time to devote to briefs than their trial court brethren. [read post]
13 Sep 2013, 6:27 am
Miller, 240 F.3d 392, 402 (4th Cir.2001) (same); Friedrich v. [read post]
21 Jul 2010, 2:04 pm
An ever astute reader has directed my attention to the fact that the Court of Appeal (Second Appellate District, Division Six) today issued a modification of its June 23, 2010 Opinion in Baker v. [read post]
10 Jun 2021, 11:43 pm
Superior Court of Riverside, Filed Oct. 23, 2020, from the Fourth Appellate District, Division Two, Case No. [read post]
14 Apr 2011, 7:17 pm
Court of Claims Northern District (Syracuse): May 11 (3:00-5:00 p.m.) [read post]
27 Mar 2020, 6:32 pm
The Court acknowledged that the exhaustion requirement is “not a matter of judicial discretion, but is a fundamental rule of procedure … binding upon all courts” (Plantier v. [read post]
15 Sep 2022, 3:00 am
The only exception to immunity is a claim for willful misconduct, which must be brought in a special three-judge federal district court. [read post]
20 Oct 2006, 7:03 am
Republic of Sudan, 461 F.3d 461 (4th Cir. [read post]
6 Nov 2007, 8:38 am
The 4th and 5th Districts, however, encompass the entire state. [read post]
21 Sep 2016, 12:28 pm
FINRA, 208 Cal.App. 4th 1125 (2012), the California Court of Appeals reversed a lower court’s dismissal of the FA’s petition. [read post]
22 Jan 2019, 11:38 am
City of Berkeley (2015) 60 Cal.4th 1086, 1105.) [read post]
6 Oct 2014, 1:33 pm
” Finally, after careful analysis, the Court rejected Petitioners’ claims of judicial estoppel, finding the elements of that equitable doctrine were not met, essentially because NCRA or NWPRC never took materially-inconsistent positions that were relied on in a prior judicial or quasi-judicial proceeding. [read post]
23 Aug 2021, 4:42 pm
County of Alameda (2012) 54 Cal.4th 281, 289 (“Tomlinson”), the Court held that because exemption determinations do not provide a “public comment period,” that prong of Section 21177 does not apply here. [read post]
16 Nov 2021, 9:56 am
The district court denied the request and the media appealed. [read post]
30 Sep 2015, 3:45 pm
Later, O’Donnell noted that the journal entry of the court states that the defendant “retracts former plea of not guilty and enters a plea of guilty to attempted robbery 2923.02(A)(3), a felony of the 4th degree. [read post]
Appellate Court Shuts Out Trial Court in CEQA/ESA Double Header under Deferential Standard of Review
3 Apr 2014, 11:08 am
(March 20, 2014, BS131347) ___ Cal.App.4th ___, the second appellate district, Division Five, roundly upheld the Department of Fish and Wildlife’s (“department”) certification of an environmental impact report (“EIR”) assessing the effects of a resource management plan, conservation plan, streambed alteration agreement and two incidental take permits, in tandem with approval of each plan and issuance of the associated incidental take permits. [read post]
3 Dec 2022, 1:13 pm
In February 2002, his appointment as an Associate Justice of the Court of Appeal, Fourth District, Division Three was confirmed by the Commission on Judicial Appointments. [read post]
15 Aug 2018, 6:30 am
Sadly, the court finds that the good faith exception applies and holds that even though there was a 4th Amendment violation (grudgingly), no need to suppress anything (yay): The Government has maintained throughout this case that it acted in good faith and that the Leon exception therefore applies; neither Sturgis nor Joyner presented any argument or evidence to either the district court or this Court to counter that proposition. [read post]
6 Jun 2009, 2:21 pm
CITY OF SINTON; from San Patricio County; 13th district (13-03-00727-CV, ___ SW3d ___, 11-23-05) motion to take judicial notice granted. [read post]
