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25 Jul 2016, 5:24 am
Here, the appeals court agreed with the district court that the plaintiffs easily met the prejudice requirement. [read post]
2 Jun 2017, 7:19 am
Based on that guidance, the Second Circuit vacated the district court’s grant of summary judgment and remand the case for proceedings consistent with the opinion of the New York Court of Appeals. [read post]
15 Mar 2007, 11:43 pm
Given the proceedings ongoing in China, and the absence of cause "to second-guess the authority of Chinese law or the competence of [Chinese] courts," the District Court granted the motion to dismiss under the doctrine of forum non conveniens.A panel of the Court of Appeals for the Third Circuit agreed there was subject-matter jurisdiction under § 1333(1), and that the question of personal jurisdiction could not be resolved sans… [read post]
15 Mar 2007, 11:43 pm
Given the proceedings ongoing in China, and the absence of cause "to second-guess the authority of Chinese law or the competence of [Chinese] courts," the District Court granted the motion to dismiss under the doctrine of forum non conveniens.A panel of the Court of Appeals for the Third Circuit agreed there was subject-matter jurisdiction under § 1333(1), and that the question of personal jurisdiction could not be resolved sans… [read post]
31 Oct 2011, 2:12 pm
They conduct live hearings with argument and testimony, some-times covering several days, and certainly always extending beyond the mere minutes that courts of appeals have to devote to live exchanges with counsel. [read post]
3 Sep 2013, 2:10 pm
With respect to the second incident, the court said that defendant's contention that the police lacked probable cause to arrest him is without merit. [read post]
22 Feb 2009, 4:25 pm
C-070752, 2008-Ohio-2980 (appeal of classification under pre-AWA law not moot) Second District In re: State of Ohio, ex rel., Stephen Michael Anspach, 2nd Dist. [read post]
16 Feb 2007, 10:22 am
On appeal, the Eighth Circuit, a Court with a long track record of affirming summary judgments unanimously reversed the district courts decision. [read post]
28 Jun 2011, 2:35 pm
On appeal, the Ninth Circuit then vacated the judgment below on the ground that the district court had abused its discretion by failing to conduct further inquiry into Clair’s complaints about his public defender. [read post]
28 Jun 2011, 12:33 pm
On appeal, the Ninth Circuit then vacated the judgment below on the ground that the district court had abused its discretion by failing to conduct further inquiry into Clair’s complaints about his public defender. [read post]
8 Aug 2023, 9:06 am
The Court expressly rejects the severe or pervasive test in retaliatory hostile work environment cases, noting that the Court has actually articulated that test in one prior case and district courts in the Second Circuit have also done so. [read post]
7 Oct 2021, 6:34 am
The Court of Appeals (Parker, Newman and Cabranes), says Yes. [read post]
1 Jun 2017, 8:15 am
If the Supreme Court decides that the district courts should hear these types of cases, it could revive a waterfall of stayed or dismissed district court cases over the WOTUS rule. [read post]
16 Aug 2007, 12:54 am
The District Court granted summary judgment to the government, dismissing the claims. [read post]
25 May 2019, 5:30 am
Agris.The only hold-out is the Second Court of Appeals in Fort Worth. [read post]
14 Dec 2016, 6:57 am
The Court of Appeals ordered a retrial for this plaintiff.The case is Dancy v. [read post]
20 Oct 2011, 11:59 am
The Court of Appeal, Second District, Division Five, held in a published decision, Brown v. [read post]
21 Jan 2015, 7:07 am
Of the outcome, the ABA Journal noted--Breyer said the appeals court has to defer to the federal district court absent “clear error. [read post]
29 Dec 2014, 7:26 am
In June, for example, the Second Circuit Court of Appeals held that fair use sheltered book digitization, in Authors’ Guild v. [read post]
6 Dec 2018, 4:00 am
., 2018 NY Slip Op 08021, Appellate Division, Second DepartmentJoe Nell Johnson II, a tenured teacher employed by the Riverhead Central School District, was served with disciplinary charges pursuant to Education Law §3020-a alleging that he was guilty of misconduct that was "incompatible with the standards required to be seen as a positive role model for the students. [read post]
