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29 Apr 2019, 6:18 am
Pertinent to the Supreme Court appeal, the Ninth District held that the trial court erred in finding that House failed to satisfy the jeopardy element of the wrongful termination claim. [read post]
29 Apr 2019, 4:00 am
., ___ Cal.App.5th ___ (Mar. 27, 2019), the Court of Appeal (Second Appellate District, Division Seven) considered Civil Code section 1782, which states that a CLRA action for damages cannot be maintained unless (a) the plaintiff has made an appropriate pre-filing demand that the defendant "correct, repair, replace, or otherwise rectify" the violation; and (b) the defendant failed to "give" the consumer "an appropriate correction, repair,… [read post]
29 Apr 2019, 3:35 am
The District Court in Brammer v. [read post]
28 Apr 2019, 12:28 pm
Come as my guest for our final program before we start our summer break on May 28, 2019, 4:30-6 p.m. at Manatt, Phelps & Phillips, 11355 West Olymic Blvd., Los Angeles: Justice Martin Tangeman and Appellate Attorney Katy Graham from the Second Appellate District Court of Appeal will speak about effective appellate brief writing techniques. [read post]
26 Apr 2019, 10:44 am
City of New York, before a panel of three federal judges: (front row, from left): Gregg Costa of the US Court of Appeals for the Fifth Circuit; Virginia Kendall of the US District Court for the Northern District of Illinois; and Michael Y. [read post]
26 Apr 2019, 9:53 am
On Petition for Review from the Court of Appeals for the Fifth District of Texas. [read post]
26 Apr 2019, 5:00 am
Court of Appeals for the Second Circuit found that discrimination on the basis of sexual orientation violates Title VII. [read post]
25 Apr 2019, 8:33 am
Instead, the district court interpreted the arbitration agreement to authorize class arbitration. [read post]
25 Apr 2019, 8:09 am
” That was so even though Lamps Plus both moved for arbitration and appealed the order granting it; usually, a party cannot appeal from a win, but Roberts wrote that the district court’s order was not really a win because “Lamps Plus did not secure the relief it requested” – individual, rather than class-wide, arbitration. [read post]
25 Apr 2019, 4:00 am
The Second Circuit Court of Appeals reviewed her appeal of the federal district court’s dismissal of her complaint de novo, "construing the complaint liberally, accepting all factual allegations in the complaint as true, and drawing all reasonable inferences in the plaintiff’s favor” but, citing Bell Atl. [read post]
25 Apr 2019, 4:00 am
The Second Circuit Court of Appeals reviewed her appeal of the federal district court’s dismissal of her complaint de novo, "construing the complaint liberally, accepting all factual allegations in the complaint as true, and drawing all reasonable inferences in the plaintiff’s favor” but, citing Bell Atl. [read post]
24 Apr 2019, 11:03 pm
Will be announced today at a press conference at 2:00 PM when Governor DeSantis will personally introduce the two newest appointments at the Alan Schwartz Atrium at the Third District Court of Appeal. [read post]
24 Apr 2019, 11:56 am
The district court denied that motion and he appealed the district court’s decision. [read post]
24 Apr 2019, 9:46 am
On Petition for Review from the Court of Appeals for the Fourteenth District of Texas. [read post]
24 Apr 2019, 5:26 am
The government appealed. [read post]
23 Apr 2019, 9:23 pm
The trial court denied the writ of mandate and the First Appellate District affirmed the trial court’s decision. [read post]
23 Apr 2019, 9:04 pm
Court of Appeals. [read post]
23 Apr 2019, 1:54 pm
The case has resulted a pair of District court decisions (including one trial) that have both been largely overturned by the Court of Appeals for the Federal Circuit. [read post]
23 Apr 2019, 1:07 pm
A dissenting opinion in the First District Court of Appeals recaptured the reasons the prosecutor offered to the jury for introducing the video: “I’m asking you to start at 40 [years]. [read post]
23 Apr 2019, 9:00 am
A recent case in the Louisiana Court of Appeal explains this process. [read post]
