Search for: "4th District Court of Appeal"
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6 Mar 2023, 11:50 am
In a published opinion filed on February 23, 2023, the Fourth District Court of Appeal reversed a judgment of dismissal after the sustaining of a demurrer and held that an amended writ petition challenging a city’s street closure project sufficiently stated claims against the city for Vehicle Code, local ordinance, and CEQA violations. [read post]
6 Mar 2023, 8:56 am
It might be reviewed en banc or further appealed to the Supreme Court. [read post]
5 Mar 2023, 6:40 pm
If Avery Dennison loses here, then the district court will hold a trial on anticipation. [read post]
4 Mar 2023, 9:49 am
In late 2006, Florida’s 4th District Court of Appeal sided with a crash survivor who argued he wasn’t required to give a recorded statement to the insurer – despite the insurer’s firm insistence. [read post]
3 Mar 2023, 10:24 am
In a published opinion filed February 24, 2023, the First District Court of Appeal (Div. 5) reversed a judgment upholding the adequacy of the EIR for the University of California, Berkeley’s long range campus development plan (“LRDP”) and a controversial housing development project at the historic People’s Park. [read post]
3 Mar 2023, 10:03 am
Stein, No. 4D22-1468 (Fla. 4th DCA Feb. 8, 2023), Florida’s Fourth District Court of Appeal confirmed that, in a coverage action where the issue of coverage is in dispute, an insurer’s claim file and claim investigation materials are protected by the work product privilege. [read post]
2 Mar 2023, 11:50 am
., No. 21-1823 (4th Cir. [read post]
28 Feb 2023, 11:55 am
The court agreed with the CEI that “Dr. [read post]
27 Feb 2023, 10:23 am
The district court’s ruling. [read post]
26 Feb 2023, 1:21 pm
A recent Miller Act payment bond decision out of the District of Columbia Circuit Court of Appeals, U.S. f/u/b/o Civil Construction, LLC v. [read post]
24 Feb 2023, 4:54 pm
Court of Appeals for the 4th Circuit reinstated it. [read post]
24 Feb 2023, 5:17 am
The district court, of course, reached the opposite conclusion. [read post]
22 Feb 2023, 2:31 pm
Court of Appeals for the 4th Circuit Civil Practice; Article III standing: Because a “tester” did not need to show an intention or need to actually book rooms at hotels in order to establish informational injury-based Article III standing to sue for alleged ADA-website violations, the district court erred in dismissing her suit for ... [read post]
21 Feb 2023, 1:21 pm
The City and real party Gemdale appealed and the Court of Appeal affirmed. [read post]
21 Feb 2023, 9:57 am
Thaler appealed to the courts, and lost, at the Eastern District of Virginia (Thaler v. [read post]
21 Feb 2023, 8:23 am
The district court was therefore affirmed. [read post]
20 Feb 2023, 7:47 pm
On appeal, the Federal Circuit agreed that the district court erred, but concluded that the error was harmless since the district court’s decision did not hinge on any of the additional material presented. [read post]
20 Feb 2023, 8:48 am
On February 15, 2023, the Louisiana 4th Circuit Court of Appeal affirmed the trial court’s award of $2.75M each to the two surviving children of a deceased mesothelioma plaintiff and also affirmed the trial court’s award of judicial interest relating back to the date the original petition was filed. [read post]
20 Feb 2023, 7:33 am
Note the framing that might be coming soon to a case near you: “Lite-Netics appeals the district court’s preliminary injunction against its patent-related speech. [read post]
19 Feb 2023, 5:13 pm
On appeal, the Federal Circuit has vacated and remanded — holding that the district court went too far in restricting the patentee’s protected speech. [read post]