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22 Feb 2017, 8:00 am
"Judge ___of the Third District Court of Appeals.... [read post]
28 May 2019, 12:48 pm
In Nunez, the Court of Appeal (Fourth Appellate District, Division Three) affirmed the trial court’s denial of a motion to compel arbitration on the basis of waiver, delay, and prejudice.The Court covers two topics in its discussion of waiver that might be of use to others. [read post]
5 Mar 2014, 4:18 am
Here's a second ...Obviously less appealing to the IP lawyer was the case in which the Amsterdam Court of Appeal decided on the copyright protection of the appearance/design ["Jeeves, what is the word I am looking for?"] [read post]
23 Jan 2012, 12:24 pm
The district court did not accept his challenge to the statute. [read post]
11 Dec 2023, 7:28 am
The Commonwealth has appealed the ruling to the Appeals Court, where the case is currently pending. [read post]
6 Jun 2018, 12:41 pm
As a recent case out of Florida’s Second District Court of Appeal shows, it is important to be fully aware of the potential penalties you’re facing before you enter a plea. [read post]
13 Mar 2022, 4:46 pm
The Paragon Defendants appeal, contending the district court misinterpreted the contract, erroneously rejected their equitable estoppel defense, and improperly found a threat of irreparable harm. [read post]
1 Aug 2014, 4:30 am
No such luck, as the Court of Appeals made clear that it greatly preferred a settlement to an appeal. [read post]
21 Oct 2021, 7:04 am
On appeal, the Second Circuit affirmed the District Court’s judgment. [read post]
21 Oct 2021, 7:04 am
On appeal, the Second Circuit affirmed the District Court’s judgment. [read post]
22 Nov 2016, 3:29 pm
According to one court of appeals, the answer to this question is yes. [read post]
19 Jan 2012, 9:41 am
The Court gave short shrift to the argument (a big winner in the courts of appeals) that the explicit grant of jurisdiction to state courts implicitly divested federal jurisdiction. [read post]
23 Feb 2010, 1:18 pm
. --- Cal.Rptr.3d ----, 2010 WL 93848 (Second District, January 12, 2010), a former routes sales representative filed a putative class action alleging that his former employer applied a uniform policy of misclassifying the putative class members as exempt employees. [read post]
7 Nov 2011, 4:42 pm
In a pithy opinion (typical of Presiding Justice Gilbert), the Second District Court of Appeal reversed a trial court’s order partially denying successful CEQA petitioners’ motion for attorneys’ fees under Code of Civil Procedure section 1021.5, the private attorney general statute. [read post]
6 Sep 2023, 1:00 am
" The United States Court of Appeals, Second Circuit, disagreed, concluding that "because [Plaintiff] voluntarily became a union member and affirmatively agreed to pay union dues through payroll deductions for a set period, the district court properly dismissed her claims. [read post]
6 Sep 2023, 1:00 am
" The United States Court of Appeals, Second Circuit, disagreed, concluding that "because [Plaintiff] voluntarily became a union member and affirmatively agreed to pay union dues through payroll deductions for a set period, the district court properly dismissed her claims. [read post]
2 Jun 2015, 9:05 pm
Ohio appeals court: code enforcement officers in town of Riverside can be personally liable for towing cars off man’s property without due process [The Newspaper; Vlcek v. [read post]
11 Jan 2008, 1:56 am
COURT OF APPEALS, SECOND CIRCUITCriminal Practice
Peremptory Strike of Only Black Juror at Voir Dire Not Prima Facie Case of Racial Motivation for 'Batson'
Cousin v. [read post]
2 Apr 2008, 9:52 pm
A second appellate court went out of its way to implicitly recognize the legitimacy of same sex marriage in New York.I previously discussed the case of Funderburke v. [read post]
24 Feb 2011, 5:00 am
Tenet Healthcare Corp., ___ Cal.App.4th ___ (Feb. 16, 2011), the Court of Apppeal (Second Appellate District, Division Eight) affirmed the trial court's order denying class certification of meal period, rest break, and waiting time penalty claims. [read post]
