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5 May 2024, 11:31 am
” The United States District for the Middle District of Tennessee, in a 2005 case, did directly address the question of whether a lien lis pendens remains in effect during an appeal and, relying on Figlio and a 1920 case from Oklahoma, held that it did. [read post]
3 May 2024, 12:30 pm
District court: Indeed, field and conflict preemption. [read post]
3 May 2024, 9:02 am
The district court agreed with LDG that the APEX submission was insufficient to establish specific personal jurisdiction in Utah. [read post]
3 May 2024, 12:15 am
Both the District Court and the Court of Appeal, however, agreed that the Reves test was the applicable test. [read post]
2 May 2024, 9:05 pm
Court of Appeals for the Ninth Circuit ordered the U.S. [read post]
2 May 2024, 9:49 am
Furthermore, an appeal of this case will go to the Fifth Circuit, and I can easily imagine they will mangle the law as they usually do. * * * Unknown Parties v. [read post]
2 May 2024, 6:00 am
The Circuit Court of Appeals, Second Circuit, said in order to survive a motion to dismiss, a complaint’s “allegations must meet the plausibility standard set out in Ashcroft v. [read post]
2 May 2024, 6:00 am
The Circuit Court of Appeals, Second Circuit, said in order to survive a motion to dismiss, a complaint’s “allegations must meet the plausibility standard set out in Ashcroft v. [read post]
2 May 2024, 5:53 am
The case is now on appeal. [read post]
1 May 2024, 7:46 pm
District Judge Amit Mehta presided over the bench trial, which ran over 40 days, and indicated that if he rules against Google he will hold a second bench trial to determine the appropriate remedy. [read post]
1 May 2024, 1:21 pm
The second reason the district court identified was that, in its view, there was an intervening change in the law. [read post]
1 May 2024, 1:18 pm
Court of Appeals for the Second Circuit discussed at length an issue likely to become a focus of further litigation in these cases — namely, what types of scienter allegations as to underlying violations of the Anti-Kickback Statute are sufficient to satisfy Rule 9(b)’s pleading requirements. [read post]
1 May 2024, 12:08 pm
§ 281, an issue the district court did not reach. [read post]
1 May 2024, 8:43 am
Here, the record shows that any alleged ineffectiveness by Ortiz’s counsel (in failing to offer certain evidence) would have made no difference to the district judge (the fact-finder), Second, although a sentencing court is required to state in open …The post IAC claim rejected on direct appeal because lack of prejudice to defendant is “beyond doubt” and district court sufficiently explained its sentence given “the… [read post]
1 May 2024, 3:00 am
That question is now before one of the nation’s highest courts, with a Seattle-based palliative care physician appealing a U.S. [read post]
30 Apr 2024, 2:18 pm
The Court of Appeals’ analysis. [read post]
30 Apr 2024, 8:44 am
A recent criminal case before a district court in Texas highlights the importance of specific and credible testimony during trial. [read post]
30 Apr 2024, 8:00 am
District Court Judge Steven C. [read post]
29 Apr 2024, 9:01 pm
Court of Appeals for the Ninth Circuit (affirming the district court’s denial of a preliminary injunction), where a two-judge majority rejected a high school student’s argument that the First Amendment protected his right to wear to school a t-shirt with an anti-gay message. [read post]
29 Apr 2024, 2:40 am
The Upper Tribunal Administrative Appeals Chamber dismissed the Information Commissioner’s Office appeal of a lower court’s decision to overturn an order requiring Experian to change how it handles customer data. [read post]