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11 Aug 2016, 10:03 am
Filing a proof of claim with a bankruptcy court representing a debt subject to an expired state law limitations period does not violate the federal Fair Debt Collection Practices Act (FDCPA) under an opinion released yesterday from the Seventh Circuit Court of Appeals. [read post]
19 Aug 2004, 7:58 am
In Thursday's US law and business press, the Recorder reports that a divided panel of the Ninth US Circuit Court of Appeals has upheld the federal government's DNA databank, finding that it does not violate the Fourth Amendment.... [read post]
15 Oct 2020, 9:15 am
Noting that trade dress protection does not extend to functional or useful features, and there was no dispute that Pocky's design was useful, the Third Circuit explained that the... [read post]
3 Apr 2009, 9:48 am
LOS ANGELES BANKRUPTCY FORUM'S April 6, 2009 Dinner Program "Clear Channel: Does Appealing Sales Make for Unappealing Assets? [read post]
20 Jan 2015, 12:18 pm
It isn't much of an exaggeration to say that the Federal Circuit does what they want, when they want, how they want, and they have rarely let the standard of review get in the way. [read post]
21 Aug 2016, 3:30 pm
Does the Texas noncompete statute apply to independent contractors as well as employees? [read post]
1 Mar 2023, 10:00 pm
Software developers should take note of a recent English Court of Appeal decision. [read post]
20 May 2009, 5:57 am
Commissioner of Environmental Protection - SC18173 (Connecticut Environmental Protection Act- § 22a-20; "On appeal, the plaintiff claims that the trial court improperly determined that (1) she lacks standing under § 22a-16, and (2) § 22a-20 does not provide an independent cause of action. [read post]
12 May 2022, 1:35 pm
As an appellate strategy, this does not recommend itself.The last line? [read post]
6 Dec 2010, 9:58 am
Today, a panel of the Ninth Circuit Court of Appeals is hearing arguments in Perry v. [read post]
30 Apr 2007, 2:32 pm
Heffernan, a new Maryland Court of Appeals opinion in an underinsured motorist case. [read post]
18 May 2015, 10:49 am
Tollefson [SCOTUSblog materials] that a dismissal of a prisoner's lawsuit that is still appealable does count as one of three allotted "strikes" that limits other suits by the prisoner. [read post]
13 Jul 2009, 12:24 am
Santa Barbara does for the Don’t Ask Don’t Tell debate. [read post]
25 Jul 2008, 11:30 am
Interestingly, the Court did issue five per curiam opinions today — each a short statement that the Court’s denial of review does not signal the Court’s agreement with the court of appeals about the constitutionality of Texas Family Code § 263.405(i). [read post]
8 Feb 2021, 10:00 pm
The US Supreme Court granted certification on February 3 to review the US Court of Appeals for the Third Circuit’s decision in In re PennEast Pipeline Co. in order to resolve an important question: Does the Natural Gas Act (NGA) delegate authority to exercise the federal government’s eminent domain power to condemn land in which a state claims an interest when FERC grants a certificate of public convenience and necessity for an interstate pipeline project? [read post]
12 May 2008, 3:38 am
The holding affirmed a judgment [PDF text] of the US Court of Appeals for the Fifth [read post]
12 Feb 2014, 11:44 am
Last year a three-judge panel of the US Court of Appeals for the Eighth Circuit [official website] held [JURIST report] that the law is constitutional because it does not impermissibly remove a class... [read post]
16 Sep 2010, 7:33 am
There's a particularly good crop of posts and Louise does a great job offering summaries, so be sure to check it out! [read post]
2 May 2023, 5:20 pm
Today’s Third Circuit order adopting the rule change does not note any dissents. [read post]
13 Jun 2007, 8:00 pm
According to a recent appeals court decision (see here here) an insured does not. . [read post]
