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30 Sep 2009, 8:19 am
How arguments of this kind will affect proposals to “incorporate” the second amendment are for the Justices rather than a court of appeals. [read post]
30 Dec 2022, 6:36 pm
Court of Appeals for the Fourth Circuit in G.G. v. [read post]
15 Sep 2014, 2:25 pm
CBS has pending motions before the district court and, if those don’t succeed, it can also appeal. [read post]
1 Jul 2013, 2:53 pm
Most notably, however, the court stated that immediate Second Circuit guidance on the issue “will significantly affect the conduct of other lawsuits now pending in the district courts which have relied on other legal standards or the same legal standard, but have come out differently,” specifically citing the decision in Glatt v. [read post]
14 Nov 2018, 1:37 pm
Thereafter, PDR Network appealed to the Supreme Court asserting that the Fourth Circuit opinion created a circuit split with the Second, Sixth, Ninth, and Eleventh Circuits, all of which require a “commercial” nexus for faxes promoting free goods or services to be considered “advertisements” under the TCPA. [read post]
13 Mar 2024, 1:19 pm
The majority approach, followed by the Second, Third, Sixth, Seventh, Tenth, and Eleventh Circuits, requires district courts to stay a case when presented with a valid arbitration agreement. [read post]
19 Nov 2019, 6:31 am
While the district court in this case rejected the arbitrator's judgment on the class action issue, the Court of Appeals revives it. [read post]
16 Sep 2020, 6:51 am
As part of a plea bargain, the court convicted a second underage defendant of assisting in the attack. [read post]
11 Dec 2022, 5:18 pm
Rather, a party planning to appeal some issue should first timely raise the issue to the district court. [read post]
10 May 2010, 11:14 am
The Court of Appeal also considered California authority. [read post]
18 Jun 2007, 12:32 pm
The bill would add to section 1292(b) a discretionary, second avenue of appeal in cases where claim construction was not outcome-determinative. [read post]
9 Dec 2011, 8:00 am
The district court said the case can go to trial, but the Court of Appeals reverses and says the officer has qualified immunity.The case is Pinter v. [read post]
6 Feb 2008, 6:33 am
Pataki, No. 07-2537-cv (Feb. 1, 2008), the US Court of Appeals for the Second Circuit held that a property owner failed to state a claim for Kelo "pretext. [read post]
22 Nov 2011, 10:02 am
Court of Appeals for the D.C. [read post]
1 Oct 2015, 2:36 pm
For an appeal of a district court revocation, the activated sentence would, under G.S. 15A-1431(f1), be stayed pending the de novo violation hearing in superior court. [read post]
12 Jul 2011, 12:32 pm
Recently, the United States Court of Appeals for the Second Circuit Court recently ruled that an employee who follows his supervisor's instruction to falsely report that he did not work any overtime hours still can pursue an overtime claim. [read post]
28 May 2009, 5:09 pm
Broward criminal attorney William Moore has been researching the prominent criminal cases Judge Sonia Sotomayor, who was nominated yesterday by President Obama to serve as Justice Souter's replacement on the United States Supreme Court, has ruled on in her years as a federal judge in the Southern District of New York and the Second Circuit Court of Appeals. [read post]
23 Aug 2012, 11:50 am
App., August 20, 2012) (Second Appellate District), the Court of Appeal held an insured was entitled to a jury trial because the insurer’s election to pay policy proceeds pending a coverage determination did not make the insurer’s declaratory relief action “equitable in nature. [read post]
2 Feb 2012, 6:49 pm
The Second Circuit Court of Appeals affirmed the district court's dismissal of the case. [read post]
10 Oct 2017, 9:07 am
Florida’s Second District Court of Appeals affirmed the defendant’s aggravated battery conviction but overturned his conspiracy to deliver cannabis conviction. [read post]
