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20 Sep 2019, 7:00 am
Washington must take the state’s case as it was presented to the jury, as 10 state and federal courts have held, or whether the court may instead hypothesize that the jury may have disbelieved the state’s case, as the Maryland Court of Appeals held below. [read post]
20 Sep 2019, 3:58 am
Aside from the above procedural similarities, China’s IP Courts have not adopted many of the procedural mechanisms found in US District Courts. [read post]
20 Sep 2019, 3:00 am
A panel of the Second Circuit Court of Appeals ruled a District Court judge erred in 2017 when he dismissed a lawsuit challenging profits Trump has received from foreign officials doing business with his Washington, D.C. luxury hotel and other Trump-branded properties. [read post]
19 Sep 2019, 8:54 am
The panel, therefore, affirmed the decision of the district court. [read post]
19 Sep 2019, 8:38 am
” Consequently, the district court did not abuse its discretion by dismissing the claim without leave to amend, since Plaintiffs’ right-of-access-to-the-courts claim fails as a matter of law. [read post]
19 Sep 2019, 6:46 am
The Second Circuit therefore reverses the district court's contrary ruling, which denied the immunity defenses and ordered the case to trial. [read post]
18 Sep 2019, 2:11 pm
There are many other cases we have not blogged, and a significant number have now been decided by federal courts of appeal. [read post]
18 Sep 2019, 8:28 am
As New York’s highest court, the Court of Appeals noted in Schneider v. [read post]
18 Sep 2019, 8:28 am
As New York’s highest court, the Court of Appeals noted in Schneider v. [read post]
18 Sep 2019, 7:05 am
The Court of Appeals reversed both of the holdings by the Western District of Virginia court, essentially stating that there was enough of a factual dispute to render any summary judgment to be premature. [read post]
16 Sep 2019, 7:03 pm
The College appealed the district court’s ruling. [read post]
16 Sep 2019, 10:31 am
Second, the Appeals Court held that a tenant’s counterclaims for code violations, property conditions and other defenses are relevant in the calculation of any rent escrow order. [read post]
16 Sep 2019, 3:13 am
The Court of Appeal for the Second District of California affirmed an order denying class certification in a wage and hour litigation, holding that the plaintiffs’ proposed anonymous, double-blind survey and statistical sampling failed to address individualized issues for liability and damages. [read post]
15 Sep 2019, 9:05 pm
In the nearly 30 years since, it has intermittently added 32 district judgeships but no court of appeals judgeships. [read post]
15 Sep 2019, 11:39 am
The panel then affirmed the decision of the district court. [read post]
14 Sep 2019, 2:36 pm
The district court ruled that this dispute is a "political question" that cannot be resolved by the courts, but the president's lawyers for some reason are not defending that ruling on appeal. [read post]
13 Sep 2019, 1:36 pm
Taglieri (Wednesday, Dec. 11): How an appeals court should review a district court’s determination of “habitual residence” under the Hague Convention on the Civil Aspects of International Child Abduction, and how to establish habitual residence in the case of an infant. [read post]
13 Sep 2019, 12:58 pm
The US Court of Appeals for the Second Circuit on Friday reinstated a case from the Citizens for Responsibility and Ethics in Washington accusing the president of violating the Constitution’s emoluments clauses. [read post]
13 Sep 2019, 12:30 pm
In which (1) an Arkansas inmate sues about solitary confinement, (2) prison officials don't brief qualified immunity before the district court, (3) prison officials don't brief qualified immunity on appeal, (4) the Eighth Circuit orders briefing on qualified immunity, and (5) the Eighth Circuit dismisses on qualified immunity. [read post]
13 Sep 2019, 11:43 am
Third, Boston Scientific claimed an “expectation of confidentiality” in the presentations, citing a 1977 decision by the Eight Circuit Court of Appeals. [read post]
