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26 Jan 2010, 1:26 pm
Allen, No. 08–9156 In capital habeas proceedings, a court of appeals' reversal of a grant of petitioner's petition is affirmed where a state court's conclusion that defense counsel made a strategic decision not to pursue or present evidence of petitioner's mental deficiencies was not an unreasonable determination of the facts in light of the evidence presented in the state court proceedings. [read post]
20 Nov 2010, 3:53 am
The FTC’s new rule says the exemption to the rule for attorneys is subject to state laws, and the State Bar’s interpretation of SB 94 is not actually a law, but with the penalty for non-compliance being a criminal matter, no one has tested the Bar’s interpretation in a court of law. [read post]
24 Dec 2009, 11:32 am
This is the best trial court PMA medical device preemption case of the year, bar none. [read post]
30 Nov 2009, 9:30 pm
 Can a same-sex couple that is legally married in another state file a joint bankruptcy petition in a New York Bankruptcy Court? [read post]
24 Mar 2010, 12:00 am
The State Bar closed them recently, charging that they were “practicing law without a license,” which sounds pretty bad, but I don’t think anyone was actually concerned that they were going to go to court and try any cases, or anything like that. [read post]
24 May 2017, 3:16 am
California, 413 U.S. 15, 24-25 (1973). [read post]
14 Feb 2008, 12:44 pm
Sirkin is a Certified Specialist Attorney in Estate Planning, Probate and Trust Law by the Board of Legal Specialization of the State Bar of California. [read post]
29 Jun 2016, 9:24 am
The California Legislature passed the California Trust Act of 2013 and took the decision-making on ICE requests out of that state’s police departments altogether. [read post]
2 Nov 2012, 3:10 pm
In the fall of 2011, San Diego, California lawyer Jeffrey A. [read post]
2 Nov 2012, 3:10 pm
Argientieri was Ceglia’s first lawyer, and he has remained on the case since filing his client’s original complaint in New York State Court on June 30, 2012. [read post]
9 May 2016, 6:30 am
Foster of the San Bernardino Superior Court in California issued a three-page minute order granting summary judgment for the plaintiff in Davis v. [read post]
26 Feb 2010, 2:04 pm
The district court barred him from testifying that he believed that if the SEC had not intervened, Hickey’s investments would have been profitable and the investors would not have lost money. [read post]
24 Mar 2009, 7:59 am
Circuit Court of Appeals Monday. [read post]
18 Dec 2015, 3:30 am
A second doctor’s note stated that the plaintiff “will be permanently out of work. [read post]
12 Aug 2020, 9:22 am
Related Reading: How Does Adultery Affect Divorce In California? [read post]
19 Apr 2012, 8:26 pm
Delacruz filed a putative class action under the usual California laws based on claims about Muscle Milk Ready-to-Drink and Bars. [read post]
31 Oct 2011, 9:26 am
In that case, which involved a dispute over a consumer contract with an arbitration clause that included a class action waiver, AT&T successfully argued that Federal Arbitration Act preempted a California rule of law that barred the waiver as unconscionable. [read post]
3 May 2023, 7:50 am
The Delano Farms court stated the charge of inequitable conduct would survive “only if the plaintiff’s complaint recites facts from which the court may reasonably infer that a specific individual both knew of invalidating information that was withheld from the [US]PTO and withheld that information with a specific intent to deceive the [US]PTO. [read post]
4 May 2023, 6:05 am
It was some version of this town square idea that a federal district court in California embraced when it stopped the Trump administration from banning WeChat, a Chinese-owned instant messaging and social media app widely used by the Chinese-speaking and Chinese American community in the United States. [read post]
11 Jul 2017, 11:26 am
Concepcion, 563 U.S. 333, 347-48 (2011), the Supreme Court held that the FAA preempted California state law, which deemed such class-action waivers unconscionable in consumer cases. [read post]
