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20 Jun 2024, 7:17 am by Alex Phipps
The Court of Appeals held the superior court had jurisdiction and found no error. [read post]
20 Jun 2024, 5:02 am by Rob Robinson
The proposed rule had stipulated that all counsel and unrepresented filers certify whether generative AI programs were used in drafting documents for the court. [read post]
20 Jun 2024, 3:00 am by jonathanturley
Blue, J., delivers the opinion for the court, granting the appeal, saying: For the purpose of the Small Birds Act, all two-legged, feather-covered animals are birds. [read post]
19 Jun 2024, 1:39 pm by familoo
  In fact, the appeal judge allowed the appeal against HHJ O’Neill’s order because it was too widely made, but this was something of a pyrrhic victory for the father because the judge decided to look at matters afresh himself and reinstated the Hadkinson order, albeit in slightly more modest terms. [read post]
19 Jun 2024, 9:14 am by Eugene Volokh
The (heavily illustrated) case is In re Gatsby, decided by the Trademark Trial and Appeal Board on June 7, in an opinion by an Administrative Trademark Judge Christopher Larkin, joined by Judge Robert Coggins. [read post]
19 Jun 2024, 8:22 am by Eric Goldman
Instead, this judge locked into Section 230 as an “affirmative defense” and puts all of the burden on Facebook to disprove the element without adding any new facts. [read post]
18 Jun 2024, 10:43 pm by Steven Calabresi
Today, in 2024, memorandum opinions account for a stunning 90% of almost all 12 of the Federal Circuit Courts of Appeal. [read post]
18 Jun 2024, 3:38 pm by Eugene Volokh
Now some courts, such as the California Court of Appeal, go further and make the opinions noncitable even as persuasive precedent. [read post]
18 Jun 2024, 2:53 pm by Thorsten Bausch (Hoffmann Eitle)
At this point, I should add that all speakers and particularly the judges made the usual disclaimers, i.e. that they were expressing their own and private opinions and that nothing they say at this conference should be used in court. [read post]
18 Jun 2024, 12:37 pm by Phil Dixon
The trial court denied the motion on all grounds, and the defendants appealed. [read post]
18 Jun 2024, 12:25 pm by Tobin Admin
The Review by the Court of Appeals In reviewing the grant of a motion to dismiss, an appellate court must construe the pleadings in the light most favorable to the appellant with all doubts resolved in the appellant’s favor. [read post]
18 Jun 2024, 12:15 pm by Howard Friedman
., June 17, 2024), the U.S. 9th Circuit Court of Appeals partially affirmed an Idaho federal district court's rejection of a jury's verdict against a Homeowner's Association charged by plaintiff with violating provisions of the Fair Housing Act. [read post]
18 Jun 2024, 11:44 am by Julia Kaye
That district judge rubber-stamped all of their requests, and the Fifth Circuit Court of Appeals largely did the same – overriding the consensus of the FDA and every leading national medical authority in order to impose medically unnecessary restrictions on mifepristone. [read post]
18 Jun 2024, 9:19 am by Eric Goldman
The appeals court makes two important jurisprudential moves in this passage. [read post]
  Federal law provides that en banc hearings have a panel of all the judges of the appeals court instead of the typical three-judge panels. [read post]