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22 Sep 2023, 8:57 am
Second, the Supreme Court never held that new land use projects must incorporate greater percentage GHG emissions reductions than the economy as a whole to achieve state targets, only that such may be the case. [read post]
3 Jan 2015, 3:34 pm
Jan. 3, 2015), refusing to disturb the district court’s decision to this effect; the district court’s decision builds on its Sept. 24 decision on the matter. [read post]
31 Mar 2017, 10:00 am
That inquiry is a core part of determining whether an anti-SLAPP motion should be granted.Last week, the district court once again ruled in A-B's favor and found it demonstrated such a probability of success, thereby denying Clark's anti-SLAPP motion for a second time. [read post]
23 Dec 2017, 5:39 am
Another appeals court, the U.S. [read post]
20 Jun 2016, 5:49 am
This post deals with an opinion from the District Court of Appeal of Florida – Fourth District: Walker v. [read post]
3 Dec 2018, 5:00 am
When numerous other pre-Lucia SEC respondents filed similar suits in federal district court, many of those courts determined that they lacked jurisdiction because the applicable securities laws spelled out the appeals process, which contemplates that a respondent who endures an adverse ruling by the Commission will appeal to a federal circuit court. [read post]
3 Dec 2013, 7:02 pm
Jewell 13-56 Issue: (1) Whether – as the Third, Seventh, and Eleventh Circuits hold – a district court possesses authority to prevent circumvention of its orders by imposing sanctions on conduct that violates the understood purpose of an injunction, but not its explicit terms, or whether – as the First, Second, Fifth, and Tenth Circuits hold – the four corners of an injunction’s text limit a district court’s civil… [read post]
29 Oct 2018, 12:07 pm
He served as an appellate judicial attorney at the Second District Court of Appeal from 2005 to 2015. [read post]
9 Aug 2024, 4:42 am
District Judge Tanya S. [read post]
25 Jun 2012, 8:53 pm
District Court for the District of Columbia, the court gave a mixed bag ruling on Cross-Motions for Summary Judgment (here and here) filed by FDA and Stat-Trade, Inc. [read post]
28 Jul 2016, 1:24 pm
On July 21, 2016, the California Second District Court of Appeal upheld the decision of the trial judge on this issue, writing that evidence of the FDA’s 510(k) device approval “was not relevant to, or had little probative value in, a Montana products liability design defect claim. [read post]
20 Jan 2023, 10:47 am
She pointed out that unsuccessful district court litigants can seek review “as of right” in the appellate courts, meaning that the appellate courts must hear their claims. [read post]
19 Oct 2023, 1:57 pm
Court of Appeals for the 5th Circuit declined to lift the district court’s stay. [read post]
26 Dec 2006, 4:38 am
Here is an excerpt from the case:This appeal primarily concerns the issue, surprisingly unsettled in this Circuit, as to what standards govern a district judge in adjudicating a motion for class certification under Rule 23 of the Federal Rules of Civil Procedure. [read post]
30 Jun 2008, 3:54 pm
Court of Appeals for the Second Circuit in Maher Arar v. [read post]
7 Aug 2023, 5:57 am
[holds the Second Circuit, though it leaves it to the trial court to consider the facts further.] [read post]
29 Dec 2017, 9:21 am
The Court of Appeals has ruled that a Title VII plaintiff who signed a forum selection clause when she commenced employment in New York must litigate his claim in California.The case is DeBello v. [read post]
10 Dec 2008, 3:22 pm
Here is the heart (indeed, virtually all) of the Second Circuit panel's explanation for why the way-below-guideline sentence in Adelson was reasonable: In Cavera, we stated that, "we will continue to patrol the boundaries of reasonableness, while heeding the Supreme Court's renewed message that responsibility for sentencing is placed largely in the precincts of the district… [read post]
21 Apr 2021, 11:40 am
Her second motion asked the district court to let her withdraw from her plea agreement, arguing that her ability to testify against Loden in exchange for a more lenient sentencing recommendation from the Government was a key part of her agreement. [read post]
23 Aug 2021, 8:04 am
Court of Appeals in Richmond has held. [read post]