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26 May 2010, 6:20 am
* * * Given our decision in Cunningham, the limited question this appeal presents is whether CAFA jurisdiction also continues when the post-removal change is not the district court's denial of class certification, but is instead the plaintiff's decision not to pursue class certification. . . . [read post]
21 May 2010, 6:50 am
It agreed with the district court that such a situation was “indistinguishable” from a post-removal denial of class certification, and thus pointed to its recent decision in Cunningham Charter Corp. v. [read post]
19 May 2010, 5:03 pm
CoOp contributor Lawrence Cunningham noted that one should “consider that at least 40 of the 110 or so SCOTUS Justices were not previously judges and some of them were quite successful on the Court. [read post]
18 May 2010, 6:39 am
"Cunningham argued that those omissions "affected the trial in its entirety," and would have been "instrumental" in L-3's opening statement and closing argument. [read post]
11 May 2010, 9:57 am
The second involved so called “Cunningham agreements” (See Cunningham v. [read post]
11 May 2010, 5:00 am
See Cunningham Charter Corp. v. [read post]
10 May 2010, 9:01 pm
In New York, the rule is Molineux, and Larry Cunningham offers a good explanation (via Judge Barry Kamins) at his modestly named New York Criminal Law and Procedure Blog . [read post]
6 May 2010, 5:29 am
Eugene notes of the Iowa decision: In this, the court departed from the view of federal courts and most state courts, and adhered to the minority view, which until then apparently was followed only by the Missouri Supreme Court. [read post]
1 May 2010, 4:50 am
Before addressing the substance of Lipshaw's post, however, I must quote this sentence/paragraph; So was Larry Cunningham's post yesterday at Concurring Opinions, discussing Louis Menand's essay on the anxiety inherent in academic interdisciplinarity. [read post]
30 Apr 2010, 11:39 am
Relying on Cunningham Charter Corp. v. [read post]
29 Apr 2010, 4:48 am
The district court granted the motion and certified the litigation as a class action, id., at 6146-47. [read post]
27 Apr 2010, 12:34 pm
Cunningham, 429 F.3d 673, 679 (7th Cir. 2005). [read post]
27 Apr 2010, 9:50 am
Cunningham v. [read post]
23 Apr 2010, 4:20 am
Justice Cunningham (joined by Justice Scott) wrote a concurring opinion "to dispel any abiding notion that courts, such as this one, in marking clearly the divide between church and state, are taking a legalistic swipe at religion. [read post]
22 Apr 2010, 2:14 pm
See Cunningham Charter Corp. v. [read post]
22 Apr 2010, 7:26 am
, fn. 3 (“We recognize, as the Cunningham court did, exceptions to the general rule of ‘once jurisdiction, always jurisdiction’ -- such as when a case becomes moot in the course of litigation or when there was no jurisdiction to begin with because the jurisdictional allegations were frivolous from the start. [read post]
22 Apr 2010, 5:30 am
In Cunningham Charter Corp. v.Learjet Inc., 7th Cir., No. 09-8042, 1/22/10, the federal appeals court held that federal courts retain jurisdiction of cases filed under the Class Action Fairness Act of 2005 even after denying class certification. [read post]
12 Apr 2010, 4:00 am
Under such circumstances, where a "factual issue exists which may be raised by answer" (Matter of Lefkowitz v Therapeutic Hypnosis, 52 AD2d 1017, 1018 [1976]), it was improvident for the motion court to deny Donovan's application for leave to serve an answer (compare Matter of Dodge, 25 NY2d 273, 286-287 [1969] and Matter of Cunningham & Kaming, 75 AD2d 521, 522 [1980] [where permitting respondent to file an answer would have served no useful purpose]).… [read post]
7 Apr 2010, 8:01 am
App. 1982) holding an employee discharged for "just cause" is not entitled to ongoing disability benefits.Other jurisdictions however were also noted to uphold the right to collect benefits after a firing while on light duty employment only if the employee could prove that the inability to find other employment was related to the job injury disability itself, citing Cunningham v. [read post]
6 Apr 2010, 9:30 am
Cunningham This ruling by Vice Chancellor Laster of the Delaware Court of Chancery reminds us that in a commercial relationship, the contract reigns supreme. [read post]
