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18 Jun 2024, 12:37 pm
The unanimous court therefore dismissed the sheriff’s appeal and remanded the deputy’s appeal with instructions for the district court to grant his motion to dismiss. [read post]
17 Oct 2016, 5:02 pm
The Court of Appeal’s Rejection of Other Case Law Relied on by UMMP The Court of Appeal also rejected UMMP’s reliance on Rominger v. [read post]
16 Jun 2008, 11:50 pm
Enjoyable Pools & Spa Service & Repairs, Inc. (2008) ___ Cal.App.4th ___ [08 C.D.O.S. 6579], the California Court of Appeal, Third Appellate District, denied a motion for sanctions against an insurer for failing to attend a court-ordered mediation, and against a party and its attorneys for failing to notify the insurer of its obligation to attend. [read post]
8 Mar 2024, 9:12 am
Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024) vacated a district court’s dismissal of a former employee’s nonindividual PAGA claims and remanded the nonindividual claims to allow the district court to apply California law as interpreted in Adolph v. [read post]
2 Mar 2015, 4:00 am
Feb. 26, 2015), the Court of Appeal (First Appellate District, Division One) affirmed an order denying class certification in an employee misclassification case. [read post]
23 Oct 2015, 4:00 am
Aurora Behavioral Health Care, ___ Cal.App.4th ___ (Oct. 16, 2015), the Court of Appeal (Second Appellate District, Division One) reversed an order denying class certification of meal period and rest break claims. [read post]
24 Mar 2020, 4:00 am
., ___ Cal.App.5th ___ (Mar. 12, 2020), the Court of Appeal (Fourth Appellate District, Division Three) reversed a $58,000 judgment in an individual action for breach of the implied warranty of merchantability, finding the claim time-barred. [read post]
29 Jan 2024, 8:41 am
In a published opinion filed on January 17, 2024, the Second District Court of Appeal (Div. 5) reversed a trial court judgment overturning a mitigated negative declaration (MND) and requiring an EIR for a 42-single family home project; instead, the Court of Appeal held the petitioners’ action should have been dismissed as time-barred and that the trial court erred in overruling the demurrers of respondent City of Los Angeles and… [read post]
14 Jul 2024, 9:00 am
This entry was authored by MGKF Summer Associate Karina ZakarianOn June 25, the United States Court of Appeals for the Fourth Circuit, in a case of first impression, vacated the United States District Court for the District of Maryland’s holding in 68th Street Site Work Group v. [read post]
19 Mar 2012, 11:31 am
" Just let the 4th Court of Appeals in San Antonio reverse me on that! [read post]
29 Aug 2008, 1:00 pm
Jul. 21, 2008), the Court of Appeal (Fourth Appellate District, Division Three) held that the trial court properly sustained the defendant's demurrer without leave to amend. [read post]
21 Apr 2009, 12:48 am
ZDNet reports that the 4th Circuit Court of Appeals has upheld the Northern District Court of Virginia's summary judgement that TurnItIn.com's use of the student papers was fair use and not copyright infringement. [read post]
14 Jan 2009, 6:00 am
., ___ Cal.App.4th ___ (Jan. 12, 2009), the Court of Appeal (Fourth Appellate District, Division One) reinstated UCL and CLRA causes of action that the trial court had summarily adjudicated in the defendant's favor. [read post]
7 Dec 2007, 2:59 pm
The California Fourth District Court of Appeal determines in this case that the California crime of misdemeanor child abuse (Penal Code section 273a) is not a lesser included offense of felony inflicting physical injury on child. [read post]
21 Jan 2015, 3:16 pm
U.S. 4TH CIRCUIT COURT OF APPEALS Constitutional Law, Freedom of expression: District court did not err in granting summary judgment to city on claims that a city sign ordinance, which exempted from regulation flags and other governmental and religious emblems, violated the plaintiffs’ constitutional rights; the exemptions indicated no preference for a particular speaker or ... [read post]
24 Feb 2010, 11:08 am
Today, the Court of Appeal (Third Appellate District) handed down its opinion in McAdams v. [read post]
23 Sep 2009, 10:11 am
9-23-2009 California:Greg Haidl and 2 others will ask court Wednesday to overturn convictions.SANTA ANA - Greg Haidl - who was sentenced to six years in prison after he and two friends were convicted in a 2002 sexual assault of a teenage girl - wants his conviction thrown out.A three-justice state panel of the 4th District Court of Appeal will hear Haidl's plea at a 9:30 a.m. hearing Wednesday. [read post]
27 Jun 2012, 8:00 am
Late last month, the Court of Appeal for the Fourth Appellate District in California took up the issue of “binding mediation. [read post]
23 Aug 2024, 6:00 am
Qureshi, Florida’s Fourth District Court of Appeals recently ruled that the lower court mistakenly allowed the jury to consider evidence of repair estimates in a claim for replacement cost value benefits where repairs were not actually completed. 2024 WL 3514542, at 1 (Fla. 4th DCA 2024).Continue Reading › [read post]
14 Nov 2008, 5:30 pm
The trial judge upheld the verdict but the 4th District Court of Appeals reversed, noting that, under Florida law, “economic damages may not be founded on jury speculation or guesswork and must rest on some reasonable factual basis. [read post]
