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16 Aug 2023, 1:14 pm
On first glance, after reading today's opinion by Division Six of the Second District, it seemed like a run-of-the-mill split in the Court of Appeal. [read post]
5 Mar 2015, 6:23 pm
The district court also rejected an argument that, given the need for individualized damages calculations, individual issues predominated. [read post]
8 Feb 2021, 6:47 am
That requirement violates the Free Exercise [of religion] Clause, the Court of Appeals (Walker and Menashi) says.Prior Supreme Court cases have restricted how states may deny financial benefits to religious institutions when comparable secular activities may be subsidized. [read post]
6 Jan 2022, 7:17 am
The Second Circuit certified the question to the New York Court of Appeals, and then remanded the case to the District Court after the New York Court of Appeals answered that New York law does not impose a rule of construction or presumption that “a reinsurance certificate’s liability limit caps the reinsurer’s liability with respect to both indemnity losses and defense costs regardless of whether… [read post]
27 Mar 2017, 5:49 am
The same district judge and appeals court whose rulings were overturned by the Supreme Court justices have essentially told Lozman to take a long walk on a short pier.To Lozman, the rulings rejecting reimbursement fly in the face of the original Supreme Court decision, forcing him to return for a second longshot. [read post]
2 Dec 2008, 12:19 pm
After revoking Daugherty's probation on the first count, the district court proceeded to sentence him on the second count. [read post]
25 Mar 2007, 11:54 pm
This posting covers the first three patent cases that were appealed from the district court level and decided by the Federal Circuit during the 12th calendar week of 2007. [read post]
26 Jul 2013, 6:00 am
On appeal, the United States Second Circuit Court of Appeals reversed. [read post]
24 Nov 2019, 10:00 pm
Given that a court rarely examines evidence outside the administrative record, a second question naturally arises: Can a beneficiary present arguments to a judge that they did not raise when pursuing their administrative appeal? [read post]
2 Nov 2020, 6:04 pm
CAFC Side Steps 314(a) Controversy on Procedural Grounds As detailed back in September, there were separate attacks launched against the PTAB’s practice of denying AIA trial petitions in favor of advancing district court trial dockets. [read post]
13 Nov 2008, 3:45 pm
U.S. 1st Circuit Court of Appeals, November 05, 2008 US v. [read post]
18 Mar 2014, 4:00 am
Mar. 13, 2014), the Court of Appeal (First Appellate District, Division One) held, on a 2-1 vote, that the trial court had improperly approved a class action settlement that released statutory damages claims, but did not provide unnamed class members with an opportunity to opt out. [read post]
20 Sep 2011, 1:51 pm
Here is the text of an email I received from the James Madison Center on the case: Federal District Court Rules Wisconsin Campaign Finance Law is Unconstitutional For the second time in as many years, a federal judge in Wisconsin has ruled that a Wisconsin campaign finance law is unconstitutional. [read post]
21 Apr 2011, 11:35 am
In a recent decision having broad implications for employers, the First Appellate District of the California Court of Appeal in Seymore v. [read post]
11 Nov 2014, 3:52 am
The surprise comes with the Court of Appeal’s decision overruling the District Court and finding in favour of the plaintiffs. [read post]
24 Sep 2011, 2:33 pm
Louis Vuitton cross-appealed the district court’s order granting MSG’s motion for judgment as a matter of law. [read post]
30 Aug 2012, 8:35 pm
On appeal, the Second District reversed the trial court's decision, finding that the Petersons' provided uncontroverted evidence showing that the accident adversely affected their marital relationship. [read post]
21 Aug 2008, 2:22 am
The appeals court reversed and remanded the case on other grounds, as discussed below. [read post]
29 Nov 2011, 3:29 pm
Somerset Gardens Townhouse HOA, (Second District, September 28, 2011, as modified October 28, 2011) --- Cal.Rptr.3d ----, 2011 WL 5110249, 11 Cal. [read post]
5 Feb 2020, 7:43 am
” The plaintiff appealed to the Second Circuit. [read post]
