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28 Feb 2024, 2:00 pm
Because the court’s in limine rulings resulted in the equivalent of a nonsuit, we conduct an independent review of the record to determine whether BNSF’s motions were properly granted. [read post]
8 Sep 2022, 5:13 pm by Sabrina I. Pacifici
THE UNITED STATES’ MOTION FOR A PARTIAL STAY PENDING APPEAL: “…First, the government is likely to succeed in its appeal of the Order as it applies to classified records. [read post]
30 May 2013, 5:01 pm by oliver randl
The appellant’s representative was content to operate a system under which an assistant – admittedly a well-trained, experienced and competent assistant – was allowed to record time limits and make annotations without making the necessary distinction between the two time limits laid down in A 108.[9] Following notification of the decision under appeal, a colleague of the appellant’s representative recorded the relevant time limits (25 November 2010… [read post]
15 May 2009, 4:16 am
  A search of Westlaw’s database reveals two published decisions by the Michigan Court of Appeals in which Chief Justice Kelly was an attorney of record:   Board of Education of Rochester Community Schools v. [read post]
The high court ruled that a verdict regarding one defendant has no effect on the trial of a different defendant because courts should determine the propriety of a prosecution based on that prosecution's own record, not a different record from another criminal case. [read post]
23 Jun 2009, 10:12 am
"Also, the Minnesota Court of Appeals held that Minnesota privacy laws related to medical records, Minn. [read post]
14 Apr 2011, 12:24 pm by Kevin Poulsen
Twitter Wikileaks 4-14-11 filing See also: Prosecutors Defend Probe of WikiLeaks-Related Twitter Accounts Top Computer Scientists Back WikiLeaks Associates in Twitter Case WikiLeaks Associates Appeal Twitter Records Demand Judge Won’t Stop WikiLeaks Twitter-Records Request EFF, ACLU Challenge Feds WikiLeaks Twitter Probe Feds Subpoena Twitter Seeking Information on… [read post]
23 Nov 2011, 12:07 pm by Leslie Sammis
Searches of Medical and Pharmacy Records in Florida A recent decision out of the Fourth District Court of Appeals, Gore v. [read post]
24 Oct 2008, 6:46 pm
At hearing at the Court of Appeal, the further ground of appeal that the Recorder was wrong to find that a constructive trust had arisen was given permission. [read post]
19 Feb 2014, 11:48 am by H. Scott Leviant
(February 18, 2014), the Court of Appeal (Second Appellate District, Division Seven) considered a defendant's appeal of a $350,000 fee award following settlement of a Song-Beverly Credit Card Act suit.Counsel for plaintiffs submitted declarations describing, in general terms, the categories of work they performed. [read post]
9 Jan 2009, 4:00 am
"We make no comment on what the result might be on a different record, such as what might be adduced in an inter partes proceeding. [read post]
2 Nov 2010, 8:10 am by Matt C. Bailey
  In upholding the trial court’s order, the Court concluded that the element of ascertainability was lacking based on evidence that Target “was unable to determine from its computer records the identity of the individuals who purchased an item when its country of origin was improperly designated. [read post]
17 Apr 2007, 9:10 am
A Wisconsin Court of Appeals says no:Gove, the mother, had legal custody of the child and Petty had regular visitations with her until 2004, when he sought sole legal custody because of differences over her further education.The mother's Amish faith also caused friction with the father's attempts to do things with his daughter, court records said. [read post]
18 Jul 2011, 9:07 am by Criminal Defense
Hotel records prove that the room key had been used 9 times between midnight and 7:00am. [read post]
29 Jul 2011, 9:14 am by John Richards
Such a law has just been upheld by the 3rd Circuit Court of Appeals. [read post]
11 Mar 2011, 4:14 am
The question of percentages of liability is a factual determination that cannot be overturned unless an appellate court can find from the record that a reasonable factual basis does not exist for the finding and that the record establishes that the finding is clearly wrong. [read post]
3 Aug 2010, 3:51 pm by Philip Thomas
Although Mims does not have a track record as a judge, I suspect that he would be a moderate to conservative jurist. [read post]