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21 Aug 2020, 3:24 pm
This published 9th Cir. opinion here has an interesting bit about the use of unpublished memorandum dispositions:although memorandum dispositions can be cited, and may prove useful, as examples of the applications of settled legal principles when a district court or litigant is interested in demonstrating how a given principle operates in practice, a nonprecedential disposition is not appropriately used—as it was here—as the pivotal basis for a legal ruling by… [read post]
12 Aug 2020, 7:13 am
Another question is whether a habeas petitioner, duly convicted and serving a prison sentence, may be entitled to release on bail pending the disposition of his or her claim. [read post]
11 Aug 2020, 10:00 am
Thus, a judicial dictum should receive dispositive weight in a lower court. [read post]
22 Jul 2020, 3:01 pm
S251709, a case in which review was granted of an unpublished Fifth District decision. [read post]
22 Jul 2020, 2:37 pm
Today, in a two-page-long unpublished memorandum disposition, the appeals court affirmed the district court's decision. [read post]
2 Jul 2020, 9:18 am
(In the unpublished part of the opinion, the Court held Petitioner had alleged sufficient facts to overcome Respondents’ statute of limitations argument for purposes of demurrer, that the case was not shown to be moot on the basis of the record before the Court, and that Petitioner had failed to show the trial court erred in denying its motion to compel production of documents pursuant to requests the trial court had found overbroad in scope.) [read post]
26 Jun 2020, 8:45 am
In re NNB, COA 19-261 (Unpublished opinion) The family courts in North Carolina operate under one abiding principle: the best interest of the child. [read post]
22 May 2020, 5:25 am
Latonya Hurt v Depositors Insurance Company, unpublished per curiam decision of the Michigan Court of Appeals Docket No. 346995 (2020). [read post]
19 May 2020, 3:48 pm
Given that Court of Appeal opinions (both published and unpublished) are often read in snippets online, dispositions are rarely read by anyone but the parties, and signatures are probably read even less, the potential for confusion here is far from trivial. [read post]
18 May 2020, 2:19 pm
You can blame the authors of the first opinion from the Court of Appeal that held (in an unpublished disposition) that Tim's holographic will didn't satisfy the statute. [read post]
4 May 2020, 7:05 am
Council of Carpenters, 125 F.3d 1230, 1239 (9th Cir. 1997), upheld an anti-libel injunction, as did the unpublished Ferguson v. [read post]
16 Apr 2020, 2:21 pm
App. 349 (2003) (unpublished). [read post]
5 Apr 2020, 8:07 pm
The fact that the work is unpublished weighs against fair use but is not by itself dispositive. [read post]
20 Feb 2020, 10:35 am
Court of Appeals for the Fifth Circuit issued on Tuesday, replacing a published disposition that issued on February 7th containing one judge’s footnote criticizing the performance of appellant’s counsel. [read post]
22 Jan 2020, 11:29 am
Firstly, any standard Will starts with the clause “I HEREBY REVOKE all former wills, codicils and other testamentary dispositions made by me. [read post]
17 Jan 2020, 6:17 am
(unpublished) -- in light of U.S. [read post]
27 Nov 2019, 7:55 am
Rev. 1 (2019), arguing that unpublished opinions should at least explain the reasoning for the benefit of the (often pro se) litigants. [read post]
9 Oct 2019, 12:59 pm
The unpublished portion of the opinion (which won’t be further discussed in detail) held that the City’s statement of overriding considerations was supported by substantial evidence, did not need to “describe in detail the weight accorded to the various aspects of the agency’s balancing of competing public objectives,” and did not need to include findings “reconciling” the project approval with the CIty’s rejection of an earlier,… [read post]
1 Oct 2019, 6:40 am
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. [read post]
1 Oct 2019, 6:38 am
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. [read post]
