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27 May 2011, 1:19 pm by Edward A. Fallone
Judge Maryann Sumi issued the long anticipated opinion in Ozanne v. [read post]
16 Aug 2007, 12:29 am
That was the difficult question facing the court in Advanced Modular Sputtering, Inc. v. [read post]
17 Sep 2019, 5:14 am by Matthew L.M. Fletcher
Here: petitionforwritofcertiorari-3.pdf Question presented: Where an arbitration agreement contains a separate “delegation provision” that reserves for an arbitrator the authority to decide any disputes concerning arbitrability, does Section 2 of the Federal Arbitration Act require a court to decide any challenge to that provision’s validity before the court may proceed to address whether the parties’ underlying dispute is arbitrable? [read post]
18 May 2023, 4:45 am by Matthew L.M. Fletcher
Here: Klamath Irrigation District Cert Petition.pdfDownload Question presented: Whether Federal Rule of Civil Procedure 19 requires dismissal of an action challenging a federal agency’s use of water subject to state-adjudicated water rights if a Native American tribe asserts an interest in the suit and does not consent to joinder. [read post]
9 Oct 2009, 7:42 pm
In an action for tuition reimbursement under the Individuals with Disabilities Education Improvement Act (IDEA), summary judgment for defendant department of education is affirmed where: 1) because the IDEA does not require that an Individualized Education Plan (IEP) name a specific school placement, plaintiff-child’s IEP was not procedurally deficient; and 2) there was substantial evidence [...] [read post]