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14 Jul 2010, 3:01 pm by Oliver G. Randl
The present decision deals with a rather unusual request for reimbursement of the appeal fee. [read post]
5 Jul 2010, 1:38 am by sally
Day and another v Hosebay Ltd; Howard de Walden Estates Ltd v Lexgorge Ltd [2010] EWCA Civ 748; [2010] WLR (D) 168 “A ‘building designed or adapted for living in’ was a ‘house … reasonably so called’ within s 2(1) of the Leasehold Reform Act 1967 if it was constructed as a house for single occupation and the result of the most recent works which altered the building, assessed objectively, was that the property had been adapted for living in, the… [read post]
23 Apr 2007, 6:27 pm
Tomorrow morning the Court will hear oral argument in No. 05-1448, Beck v. [read post]
25 Jun 2014, 4:00 am by The Public Employment Law Press
Arbitrator’s imposing a penalty of suspension without pay rather than termination did not violate public policy Roberts v City of New York, 2014 NY Slip Op 04706, Appellate Division, First DepartmentA twenty-two year employee was involved in a traffic accident while driving a Department vehicle under the influence of alcohol. [read post]
15 May 2013, 4:00 am
Where there is broad arbitration clause in the collective bargaining agreement, the arbitrator rather than the court is to determine if the subject of the dispute is arbitrable Ontario County v County Sheriff's Unit 7850-01, CSEA, Local 1000, AFSCME, AFL-CIO), 2013 NY Slip Op 03204, Appellate Division, Fourth Department The Collective Bargaining Agreement [CBA] between Ontario County and the Ontario County Sheriff's Unit 7850-01 provided that disputes over the meaning… [read post]
3 Jan 2008, 10:39 am
"This will undoubtedly shock you," Judge Berzon essentially says in her short -- but trenchant -- concurrence in this case, "but I agree with Judge Norris -- who dissented in that earlier Ninth Circuit case about Miranda -- rather than the contrary views of Judge Brunetti. [read post]
18 Aug 2014, 6:30 am by K.O. Herston
Wife argued these entities, inherited from Husband’s parents, were marital property rather than Husband’s separate property. [read post]
29 Apr 2008, 12:03 pm
When you appeal to the Ninth Circuit, and ask the court to use a pseudonym rather than your real name (because otherwise everyone in prison will shank you as a child sex offender), we'll deny the motion. [read post]
24 Feb 2016, 2:13 pm
When you're planning on filing an amicus brief, it's often better to make it short and to the point, rather than long and plodding. [read post]
12 Jan 2009, 6:01 am
  Rather than risk redundancy, however, interested readers can click here and get to Matt Bodie's (St. [read post]
23 Sep 2015, 1:32 pm
Rather than recite the facts of this extremely interesting case, I'll merely cut-and-paste the money quote from Judge Wardlaw's majority opinion (to which Judge Pregerson dissents):"Once again, an Assistant United States Attorney for the Southern District of California overstepped the boundaries of permissible questioning and argument. [read post]
22 May 2013, 9:55 am
When you are a repeat player in the justice system, you've got to do better than this.If you are the California Attorney General, there are so many better vehicles for getting your point across rather than taking this particular case up in appeal. [read post]
13 Aug 2007, 1:06 pm
Sometimes the Ninth Circuit publishes an opinion not because the issue is a close one, not because the outcome of the case is at all in doubt, and not because the opinion technically meets the standards for publication, but rather because the panel (and case) is a good one in which to move the law a tiny little bit towards the way you'd like it to be, without the risk that anyone else on the court will be able to successfully call for en banc review.Like here. [read post]