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7 Feb 2019, 8:05 am
The Court of Appeals went beyond merely upholding the lower court’s summary judgment however. [read post]
13 Nov 2012, 4:47 pm
Up – the IRS withdraws its appeal. [read post]
11 Dec 2019, 4:00 am
As a more academic matter, an agency’s decision to consult with another agency probably does not, by itself, qualify as an appealable “adverse determination. [read post]
2 Jul 2019, 2:41 pm
Payment in satisfaction of a severable portion of a money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal other portions of the money judgment. [read post]
15 Oct 2014, 8:54 am
The Appeals Court ruled "CERCLA does not preempt North Carolina's statute of repose. . . and it does not contain an exception for latent diseases. [read post]
5 Feb 2020, 2:29 pm
The 9th, in reversing a district court, makes clear that an unconditional guilty plea does not allow an appeal challenging equal protection and due process claims. [read post]
31 May 2017, 9:25 am
The 9th gives the tribe standing, but then rules that the Act does not confer a right to appeal. [read post]
3 May 2013, 9:23 am
Import Motors (1/7/13, pub. 2/5/13) (discussed here), in which the Court of Appeal held: Concepcion does not invalidate unconscionability analysis. [read post]
13 Apr 2016, 4:15 am
., April 7, 2016), the U.S. 1st Circuit Court of Appeals repudiated the holding by a federal district court in Puerto Rico (see prior posting) that the Supreme Court's Obergefell marriage equality decision does not bind Puerto Rico. [read post]
19 Aug 2016, 1:54 pm
What wisdom does it contain? [read post]
22 Feb 2017, 3:00 am
The plaintiffs appealed, arguing that the district court committed an error of law in construing § 1712. [read post]
14 Aug 2021, 10:59 am
Now Mylan Labs has followed up with an additional petition focusing on the same issues: Does the no-appeal provision of 35 U.S.C. [read post]
30 Jun 2011, 6:57 pm
Perhaps if you have absolutely no contact with appeals or appellate courts, you were unaware that since September 27, 2010, all appeals and related documents filed with the Hawaii Supreme Court and the Intermediate Court of Appeals must now be e-filed through the Hawaii Judiciary Electronic Filing and Service System (JEFS). [read post]
22 Aug 2012, 12:25 pm
Appeals Court that vacated U.S. [read post]
21 Mar 2022, 4:25 am
Notwithstanding what it is indicated in the judgments discussed, it is a consolidated rule that the nullity of the first independent claim does not predetermine per se the validity of the dependent claims. [read post]
23 Sep 2022, 1:21 pm
Both Ridgefield and Mitchell were initially decided by the El Paso Court of Appeals. [read post]
7 Jul 2014, 6:04 am
We often get questions about sealed documents on appeal. [read post]
29 Dec 2010, 1:35 pm
Atlanta appeals attorneys following the case noted that Mr. [read post]
26 Nov 2012, 4:00 pm
The ad does not include the complainant’s name, but includes her gender and telephone number; it can’t fairly be said that this is her “persona. [read post]
30 Nov 2014, 10:03 pm
News that the U.S. was appealing the ruling within the allotted 60-day appeal period came not from the Office of the U.S. [read post]