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15 Dec 2017, 9:19 am
Sellers, 17-6075 Issues: (1) Whether reasonable jurists could disagree with the district court’s rejection of the petitioner’s Rule 60(b) motion, and, accordingly, whether the U.S. [read post]
15 Dec 2017, 8:49 am
Despite these red flags, Universal approved a second TYS merchant account. [read post]
15 Dec 2017, 7:05 am
District Court JudgeSpectrum News – Don Weber | Published: 12/7/2017 U.S. [read post]
15 Dec 2017, 7:05 am
District Court JudgeSpectrum News – Don Weber | Published: 12/7/2017 U.S. [read post]
14 Dec 2017, 9:01 pm
Several district courts, and some United States Courts of Appeals, were quick and almost uniform in their invalidation of President Trump’s actions in this area. [read post]
13 Dec 2017, 9:26 pm
The Collateral Order Doctrine The collateral order doctrine is an exception to the general rule that the federal courts of appeal have jurisdiction to hear only appeals of “final orders” from the district courts. [read post]
13 Dec 2017, 9:39 am
Without any claim construction or considering any evidence, the district court dismissed the case on the pleadings (R.12(c))– finding that the claims lacked subject matter eligiblity. [read post]
13 Dec 2017, 9:36 am
The Court of Appeal agreed with the lower court’s analysis. [read post]
13 Dec 2017, 9:36 am
The Court of Appeal agreed with the lower court’s analysis. [read post]
13 Dec 2017, 9:23 am
In a 4-3 decision, the Court of Appeals (New York’s highest court) held that notice is required, even though the classes had not been certified in either case. [read post]
12 Dec 2017, 10:50 am
On May 8, 2013, or about nine months after suit was brought, the district court denied summary judgment and class certification. [read post]
12 Dec 2017, 10:08 am
Most forget that Marshall left the LDF in 1961 when he was appointed to the United States Court of Appeals for the Second Circuit. [read post]
12 Dec 2017, 9:57 am
Table of Contents and Excerpt from Rzeslawski's article on the implications of Madden v Midland for post-crash consumer remedies against predatory lending that occurred years earlier 786 F.3d 246 (2015)Saliha MADDEN, on behalf of herself and all others similarly situated, Plaintiff-Appellant,v.MIDLAND FUNDING, LLC, Midland Credit Management, Inc., Defendants-Appellees.No. 14-2131-cv.United States Court of Appeals, Second… [read post]
12 Dec 2017, 9:57 am
Midland Funding, LLC, 786 F.3d 246, 247-48 (2d Cir.2015) (applying pre-Dodd-Frank case law to claims arising prior to July 21, 2011).786 F.3d 246 (2015)Saliha MADDEN, on behalf of herself and all others similarly situated, Plaintiff-Appellant,v.MIDLAND FUNDING, LLC, Midland Credit Management, Inc., Defendants-Appellees.No. 14-2131-cv.United States Court of Appeals, Second Circuit.Argued: March 19, 2015.Decided: May 22, 2015.247Daniel Adam Schlanger, Schlanger &… [read post]
12 Dec 2017, 7:07 am
As to the psychiatrist’s first exam, the appeals court agreed that it was job related and consistent with business necessity. [read post]
12 Dec 2017, 1:30 am
Chris Dunn's constitutional challenge to the Texas Advance Directives Act is on appeal to the Texas First District Court of Appeals. [read post]
11 Dec 2017, 3:26 pm
In a partially published opinion filed December 4, 2017, the Second District Court of Appeal affirmed the trial court’s post-remand judgment and held that CEQA’s remedies statute – Public Resources Code § 21168.9 – allows a court issuing a writ in a CEQA proceeding to partially decertify an EIR, and to leave unaffected project approvals in place when doing so. [read post]
11 Dec 2017, 2:41 pm
Appealing a second time, Kazal claimed that “inflammatory statements” on the websites created by Price infuriated Kazal and caused Kazal to violate the Australian court’s order…. [read post]
11 Dec 2017, 1:14 pm
LinkedIn sent hiQ cease and desist letters warning that any future access of its website, even the public portions, were “without permission and without authorization” and thus violations of the CFAA. hiQ challenged LinkedIn’s attempt to use the CFAA as a tool to enforce its terms of use in court. hiQ won a preliminary injunction against LinkedIn in district court, and LinkedIn appealed. [read post]
11 Dec 2017, 11:10 am
Court of Appeals for the 9th Circuit affirmed. [read post]
