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2 Jan 2015, 9:40 pm
SSL also appeals the district court’s finding that it was not the prevailing party in the litigation overall. [read post]
19 Jul 2016, 10:36 am
Midland, the US Court of Appeals for the Second Circuit refused to follow the “valid-when-made” rule when considering the scope of federal preemption of state usury laws under the National Bank Act. [read post]
19 Jul 2016, 10:36 am
Midland, the US Court of Appeals for the Second Circuit refused to follow the “valid-when-made” rule when considering the scope of federal preemption of state usury laws under the National Bank Act. [read post]
24 Oct 2011, 8:39 am
Basically, in Gearren and Citigroup, the plaintiffs were appealing from a dismissal of their claims by the district court. [read post]
19 Dec 2022, 11:07 am
Petitioners appealed and the Court of Appeal affirmed. [read post]
16 Sep 2009, 6:12 am
"The Commissioner rejected the district's theory, noting that "An unsuccessful attempt to litigate a dispute in court that does not result in a final determination on the merits may be accepted as an excuse for failing to commence a timely appeal with the Commissioner, when the appeal is commenced within a reasonable time after the dismissal or abandonment of the court proceeding. [read post]
19 Jun 2019, 4:51 pm
In a 38-page opinion filed on May 16, and belatedly ordered published on June 14, 2019, the Third District Court of Appeal affirmed the trial court’s judgment rejecting all of plaintiff/appellant Center for Biological Diversity’s (“CBD”) CEQA and statutory challenges to the EIR that the California Department of Conservation, Division of Oil, Gas and Geothermal Resources (“DOGGR”) was required by S.B. [read post]
27 May 2015, 3:41 pm
Cisco appealed to the CAFC who concluded that the District Court erred in its instruction. [read post]
25 Feb 2013, 9:13 am
The district court threw out the case, but the Court of Appeals reinstates it because plaintiff engaged in protected activity under the First Amendment.The case is Johnson v. [read post]
1 Aug 2014, 4:00 am
They subsequently withdrew all claims except for their allegation contending that their First Amendment rights had been violated by the Village and the other named defendants.As to Plaintiffs’ First Amendment claims, the District Court granted summary judgment in favor of all of the defendants, explaining that Plaintiffs’ First Amendment claims were barred as they were made only pursuant to the defendants’ performing official duties and thus Plaintiffs’… [read post]
25 Dec 2012, 9:01 pm
The high Court’s two leading Second Amendment cases—District of Columbia v. [read post]
26 Sep 2011, 10:24 am
The Second Circuit recently halted such a practice of prosecutorial overreaching, which had prevailed in at least one district. [read post]
31 Dec 2014, 10:59 am
On appeal, Texas’ Second District affirmed the trial court on different grounds. [read post]
29 Sep 2014, 12:14 pm
An order of the court, made after hearing the District Attorney, is required for the disclosure of grand jury testimony. [read post]
22 Jan 2018, 6:34 am
As such, the appeals court found the district court properly denied the club’s late-stage bid to enforce the arbitration agreements. [read post]
29 Jul 2010, 12:26 pm
NAACP (SC10-1375):You can view the First District Court of Appeal's Certification to the Supreme Court HERE. [read post]
10 Nov 2009, 10:15 am
Smith’s requested out-of-court hours from the second-interim voucher. [read post]
15 Feb 2012, 4:12 am
Shareholder Proposals: Apache Wins as Chevedden Appeals KBR Decision Last month, I blogged about Apache suing John Chevedden in the District Court for the Southern District of Texas for the second time in three years, using this a court-mandated exclusion route rather than the traditional Corp Fin no-action request one. [read post]
3 May 2015, 6:37 am
The nursing home appealed, and the Appellate Court (in an opinion discussed here) vacated the arbitrator's award. [read post]
13 Jan 2015, 6:35 am
Similarly, the appeals court determined that the district court properly dismissed the employee’s IIED claim. [read post]
