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14 Nov 2018, 1:37 pm
Thereafter, PDR Network appealed to the Supreme Court asserting that the Fourth Circuit opinion created a circuit split with the Second, Sixth, Ninth, and Eleventh Circuits, all of which require a “commercial” nexus for faxes promoting free goods or services to be considered “advertisements” under the TCPA. [read post]
14 Nov 2018, 12:22 pm
Court of Appeals for the 6th Circuit properly used Moore v. [read post]
14 Nov 2018, 8:34 am
The district court answered yes to that question. [read post]
13 Nov 2018, 12:27 pm
As the works at stake contain both protectable and non-protectable elements, Defendant argue that the court must not use the “ordinary observer test,”used by the Second Circuit courts to assess copyright infringement, which asks “whether the ordinary observer, unless he set out to detect the disparities, would be disposed to overlook them, and regard their aesthetic appeal the same,” but the “discerning ordinary observer test. [read post]
13 Nov 2018, 8:35 am
The district court certified three of the claims for appeal, and the court of appeals certified two more after asking the state to respond to the petitioner’s requests on appeal to expand the certificate of appealability.The panel first held that claims raised in an amended petition filed in 1999 were timely with the benefit of equitable tolling. [read post]
12 Nov 2018, 7:40 am
Moreover, Certified’s decision to file a similar case in the district while the present case was pending additionally demonstrated objective unreasonability; that case was voluntarily dismissed after a motion to dismiss indicated that Certified didn’t own the second patent. [read post]
12 Nov 2018, 6:00 am
In the end, the Ninth District Court of Appeals at Beaumont affirmed the trial court’s order with regard to the $460,000 arbitration award and vacated the lower court’s order related to contempt and legal fees. [read post]
11 Nov 2018, 11:00 pm
The Supreme Court ruled that in accord with the United States Court of Appeals for the Ninth Circuit, that §630(b)’s two-sentence delineation, and the expression “also means” at the start of the second sentence, combine to establish separate categories: persons engaged in an industry affecting commerce with 20 or more employees but with respect to a states or a political subdivision of a state, there is not "numerosity… [read post]
11 Nov 2018, 11:00 pm
The Supreme Court ruled that in accord with the United States Court of Appeals for the Ninth Circuit, that §630(b)’s two-sentence delineation, and the expression “also means” at the start of the second sentence, combine to establish separate categories: persons engaged in an industry affecting commerce with 20 or more employees but with respect to a states or a political subdivision of a state, there is not "numerosity… [read post]
11 Nov 2018, 4:03 pm
THE TEXAS BLUE WAVE AND STUDENT LOAN DEBTORS IN COURT All of the eighteen sitting Houston court of appeals justices are Republicans. [read post]
11 Nov 2018, 1:19 pm
Also in the Court of Appeal, Caradon District Council v Paton and Bussell (2001) 33 HLR 34 concerned a clause in a Right to Buy lease, not to use the property “for any purpose other than that of a private dwelling house. [read post]
11 Nov 2018, 9:13 am
A case recently heard by the Florida Second District Court of Appeal, the court looked at video evidence in a video voyeurism case. [read post]
11 Nov 2018, 6:15 am
The United States Fifth Circuit Court of Appeals recognizes that as a general rule, motions for voluntary dismissal should be freely granted unless the non-moving party will suffer some plain legal prejudice other than the mere prospect of a second lawsuit. [read post]
9 Nov 2018, 2:13 pm
Indeed, AG Paxton thinks he gets to second-guess the role of both prosecutor and judge in the case: "the attorney general asked to replace the district attorney on the case and accused the Texas Court of Criminal Appeals of taking on the role of the legislature when it adopted updated, clinical standards for determining mental capacity earlier this year. [read post]
9 Nov 2018, 11:34 am
Court of Appeals of Texas, Fifth District, Dallas. [read post]
9 Nov 2018, 9:37 am
Accordingly, the court found that the district court erred by ruling that Martin failed to satisfy the first prong of Williamson County, and vacated the district court’s judgment dismissing Martin’s amended complaint. [read post]
9 Nov 2018, 9:02 am
Court of Appeals of Texas, Tenth District, Waco. [read post]
8 Nov 2018, 1:17 pm
The High Court held: Two factual questions arose on the appeal Had a part of the premises been damaged during the lease? [read post]
8 Nov 2018, 12:19 pm
Given these facts, the Court of Appeals affirmed the lower court’s finding that the agreement was unconscionable. [read post]
8 Nov 2018, 11:09 am
On 2 November 2018, the First Circuit Court of Appeals held the Second Amendment effectively does not apply outside the home. [read post]
