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31 May 2012, 8:35 am by Hunton & Williams LLP
On May 21, 2012, the Ninth Circuit Court of Appeals held in a split decision that the Americans with Disabilities Act (“ADA”) does not bar discrimination based on marijuana use unless that use is authorized under federal law. [read post]
10 May 2011, 5:07 am
On May 6, 2011, the Alabama Court of Civil Appeals released its decision in Ex parte Imerys USA, where it held that a referral by an authorized treating physician to another treating physician does not transfer the right to control all aspects of the employee’s medical treatment to the subsequent physician. [read post]
16 Jan 2018, 2:15 am by Brian Cordery
A recent case before the Court of Appeal Court on claim construction, Saab Seaeye v Atlas Electronik [2017] EWCA Civ 2175, does not provide immediate clarity as to what will be the correct test for validity, but suggests that the Court is likely to rely on pre-Actavis authorities when applying “normal” principles of claim construction. [read post]
1 Mar 2011, 1:11 pm
In upholding the Los Angeles Superior Court's summary judgment against a former Starbucks barista, the Court of Appeal in Price v. [read post]
23 Sep 2010, 4:00 pm by emagraken
The Defendant appealed arguing the trial judge incorrectly applied the law. [read post]
29 May 2023, 10:00 am by Robert Liles
This article does not cover the appeal of denied pre-service claims by providers and beneficiaries.[21] In contrast to pre-service claims which have yet to be performed, post-service claims have already been performed by a provider. [read post]
20 Apr 2007, 2:32 pm
Musing over the Court of Appeal judgment ([2007] EWCA Civ 236) today, it struck me that the case does something rather dramatic to the issue of tolerated trespassers, extending the thrust of Swindon v Aston [2003] HLR 610. [read post]
12 Nov 2010, 1:26 pm by Jeanne Long
Sheely, No. 292194, the Court of Appeals held that a plaintiff’s intoxication at the time of an accident does not shield a medical provider under MCL 600.2955a from liability for malpractice associated with his treatment of the injury. [read post]
21 Jul 2009, 1:22 pm by Lee Gunn
The First District Court of Appeal has affirmed the agency denial of State Farm's rate increases sought late last year. [read post]
21 Mar 2013, 4:04 pm by Stephen Bilkis
However, a New York Sex Crimes Lawyer said when the facts of the case are reviewed, the evidence in the case does not support the possession charges. [read post]
9 Aug 2012, 7:41 am
Handron retained counsel and after losing his initial appeal, appealed to an ALJ. [read post]
9 Oct 2013, 7:53 am by Gregory Forman
One has the right to seek supersedeas of a judge’s order but the Court of Appeals will not consider supersedeas until the order is filed. [read post]
23 Aug 2022, 7:33 am by Second Circuit Civil Rights Blog
While the district court said plaintiff does not qualify as a disabled individual under the ADA, the Court of Appeals (Lynch, Bianco and Nardini) disagrees, and this case will go to trial.Plaintiff wins the appeal on this point because his bad wrist prevented him from working the broad class of jobs relating to working the computer. [read post]
19 Oct 2016, 5:35 am by Gritsforbreakfast
As a long time Texas Court of Criminal Appeals watcher, Grits finds it pays to pay attention when usual factions split. [read post]
27 Mar 2012, 2:22 pm by Steve Eder
On Tuesday, the Sixth Circuit Court of Appeals upheld a ruling by the district court dismissing Wurzelbacher’s claims. [read post]
17 Dec 2011, 3:03 pm by Steve Bainbridge
The SEC filed a notice of appeal yesterday, seeking appellate review in the Second Circuit of Judge Rakoff's order rejecting the settlement. [read post]
15 Sep 2016, 6:33 am by Christy Love
  On appeal, the Sixth Circuit was presented with one question. [read post]
6 Nov 2009, 7:58 am
However, the law in its current form does not necessarily give the District Court authority to grant Mr. [read post]