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2 Oct 2018, 4:11 am
Yesterday’s second case was Mount Lemmon Fire District v. [read post]
1 Oct 2018, 9:00 pm
The US Court of Appeals for the Second Circuit on September 27 affirmed a decision of the US District Court for the Southern District of New York dismissing a complaint seeking to invalidate New York’s Zero Emissions Credit (ZEC) program. [read post]
1 Oct 2018, 2:28 pm
The New Lawsuit And The Court Of Appeal’s Decision In the midst of the litigation of the HOA’s first challenge, in mid-2015, the second lawsuit challenging the minor modification (as allegedly illegal under both CEQA and the Water Code) was filed by the HOA, this time joined by IOC and CREED-21. [read post]
1 Oct 2018, 1:34 pm
The district court granted that motion. [read post]
1 Oct 2018, 11:04 am
Court of Appeals for the Federal Circuit. [read post]
1 Oct 2018, 10:12 am
The Eleventh Circuit Court of Appeals, adopting a decision from the Southern District of Florida, has been the other circuit to refuse to follow the Field Operations Handbook’s guidance, albeit without a detailed discussion of deference to administrative agencies. [read post]
1 Oct 2018, 8:24 am
Superior Court (2014) 222 CA4th 1053, the Second District Court of Appeal found that: “The court may order extended time for depositions beyond the limits in CCP §2025.290(a), including the 2-day limit in CCP §2025.290(b)(3), and MUST DO SO if additional time is needed to fairly examine the deponent and no other reason exists to limit the deposition. [read post]
1 Oct 2018, 7:44 am
Miranda and Capacity In a case recently heard by the Florida Second District Court of Appeal, a defendant successfully argued that his confession should be thrown out due to his not being competent at the time he waived his Miranda rights. [read post]
1 Oct 2018, 6:00 am
The trial court denied Encore’s motion for arbitration and the company filed an interlocutory appeal with the Eighth District Court of Appeals. [read post]
30 Sep 2018, 9:01 pm
The wife appealed. [read post]
30 Sep 2018, 4:18 pm
You can read about the first case here, and the second case here. [read post]
30 Sep 2018, 1:32 pm
On September 12, 2018, the Iowa Court of Appeals affirmed the Polk County District Court’s ruling that a mother had intentionally given title of her house to only one of her two daughters. [read post]
29 Sep 2018, 9:31 am
The second standout point was the issuance of an anti-suit injunction by the Californian court against related pending infringement actions in other jurisdictions. [read post]
28 Sep 2018, 1:24 pm
The case was remanded to the district court for further proceedings. [read post]
28 Sep 2018, 10:25 am
For more details about the first district court opinion and appeal to the Ninth Circuit, click here. [read post]
28 Sep 2018, 9:29 am
Ties to the Central District of California will be considered. [read post]
27 Sep 2018, 1:42 pm
I haven’t fully figured out my take on this, but I do think we need some doctrinal indicator to judges that there are times when the multifactor test is a bad idea, so that we don’t have to rely on the variable common sense of individual judges and in particular district court judges’ understandable fear of getting reversed when courts of appeals say that you have to use the multifactor test no matter what (except with Rogers, in the… [read post]
27 Sep 2018, 7:09 am
" The Court in Christopher also counseled against the use of technicalities to defeat the outside salesmen exception.At the end of the ruling, the Second Circuit also agrees with the district court's collateral estoppel ruling, which said that plaintiff could not benefit from a contrary district court ruling against Just Energy in Ohio. [read post]
27 Sep 2018, 5:04 am
’s motions to compel arbitration, also reversed the district court’s class certification orders and found the Rule 23(d) orders entered by the district court were moot. [read post]
26 Sep 2018, 3:39 pm
The post Florida Third District Court of Appeal – Criminal Headnotes – September 26, 2018 appeared first on Valiente Law. [read post]
