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4 Mar 2013, 8:21 am
He is a legendary trial lawyer who became a state district judge until lightening struck, and he ascended to the Court of Appeals. [read post]
12 Jun 2017, 9:08 am
Second, he argues that the district court `did not give sufficient weight to the mitigating circumstances in this case. [read post]
22 Jun 2012, 3:00 am
The District Court here was being asked to apply preclusion concepts to non-class, private suits. [read post]
31 Jul 2023, 12:53 pm
Hodge v Folkestone and Hythe District Council (2023) EWCA Civ 896 A second appeal to the Court of Appeal on Folkestone’s decision that Ms Hodge as intentionally homeless because she had left a room in a hostel run by a charity that she was occupying under licence. [read post]
29 Aug 2018, 12:24 am
California appeal court reverses CBS summary judgment in pre-1972 remastering case The US Court of Appeals for the Ninth Circuit has reversed a California district court’s ruling that the remastering of a sound recording effectively created a new version of that recording. [read post]
22 Oct 2015, 6:19 pm
For example a recent ruling by the The Court Of Appeal Of The State Of California Second Appellate District Division Five reversed a lower trial court's ruling regarding a Motion For Summary Judgement. [read post]
21 Jan 2014, 8:22 am
The Ninth Circuit likewise faulted the district court for admitting the second expert’s testimony based on laboratory testing:The district court also failed to act as gatekeeper for [the other expert’s] testimony. [read post]
3 Jan 2012, 6:35 am
Tiberio ("Tiberio"), was appealing the judgment of the district court dismissing her disability discrimination claim under the Americans with Disabilities Act (the "ADA") as untimely. [read post]
23 Nov 2012, 5:49 am
, 229 Wis.2d 819, 601 N.W.2d 661 (Wisconsin Court of Appeals 1999) (quoting Restatement(Second) Of Agency § 228(2) (1957)). [read post]
16 May 2024, 11:00 pm
JUNIPER TREES WERE ON NEIGHBOR’S PROPERTYMKSC sued her neighbor for $5000 in property damage premised on the latter’s removal of ten juniper trees, that were purportedly on MKSC’s property.Upon its review of the evidence, the Nassau County District Count found in the defendant’s favor and dismissed MKSC’s case.And on appeal, the Appellate Term, Second Department, noted that the within the context of a small claims case, a judge is entitled to… [read post]
14 May 2022, 8:25 pm
As a Fairfax DWI lawyer, I know this can temper the level of excitement over getting a second bite at the apple by appealing a conviction in a Virginia District Court. [read post]
12 Sep 2017, 9:03 am
The breakfast keynote will feature a lively presentation from Presiding Justice Arthur Gilbert of the Second District Court of Appeal on brief writing, and the luncheon keynote will feature a not-to-be-missed discussion with California Solicitor General Ed Dumont.Earn up to 13.5 Hours MCLE Credit, including Legal Ethics and Legal Specialization You can now REGISTER ONLINEfor this program. [read post]
13 Aug 2014, 5:13 am
Co. of North America,1 the Florida Second District Court of Appeal was looking into the issue of whether Florida law applied. [read post]
18 Sep 2014, 4:30 am
Recently, the Second District Court of Appeal overturned a summary judgment in favor of the insurer, Castle Key Indemnity Company, holding that the term “sudden,” as used in the policy, was a latent ambiguity. [read post]
12 Apr 2024, 5:00 am
FAILED TO APPRISE TENANT OF CURE PERIOD’S DURATIONAfter the Suffolk County District Court dismissed the landlord’s holdover petition because the notice to cure failed to advise the tenant “of the complained-of condition,” an appeal ensued.While the Appellate Term, Second Department, agreed with the outcome, it thought the case should have been dismissed for a different reason. [read post]
2 Nov 2014, 5:00 am
In a recent case before Florida’s Second District Court of Appeal, an insurer argued that a policyholder was precluded from recovery of damages because they withheld an expert report until after they commenced a lawsuit and this was a breach of the requirement in the policy’s Duties after Loss section. [read post]
22 Oct 2013, 6:30 am
Court of Appeals for the Second Circuit (and a Friendly clerk); the Honorable Martin Glenn, U.S. [read post]
21 Feb 2017, 11:38 am
That was the scenario allegedly faced by one Los Angeles County dad, with regard to whom the Second Appellate District indicated that the law allowed the father to take action, not only in family court but also in civil court in the form of a restraining order. [read post]
21 Feb 2017, 11:38 am
That was the scenario allegedly faced by one Los Angeles County dad, with regard to whom the Second Appellate District indicated that the law allowed the father to take action, not only in family court but also in civil court in the form of a restraining order. [read post]
28 Nov 2011, 3:30 am
The Court of Appeals (Katzmann, Wesley and Walker) actually reversed the district court, which granted summary judgment to plaintiff Montanez in this case. [read post]
