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22 Nov 2010, 11:02 am
§ 2254(e)(1) by failing to give any deference to the state habeas court's factual findings on a habeas petitioner's juror/bailiff misconduct claim; and (2) whether the Eleventh Circuit's finding of prejudice conflicts with Supreme Court precedent insofar as it found that the habeas petitioner failed to establish that the trial court did not answer any question posed by the jury, and when it disregarded the factual findings of the state… [read post]
7 Jan 2013, 5:43 am
Also, Court and Congress have numerous times affirmed that dual protection is a reality of the IP system: design patent and copyright protection may coexist, as may utility patent and copyright (computer programs). [read post]
26 Aug 2024, 9:37 am
” The 9th Circuit ignored the California state court rulings completely. [read post]
8 Nov 2018, 5:45 am
During its inaugural year, Full Court Press has enhanced Fastcase’s libraries by co-developing digests, journals, books, and blogs with an array of partners, including state and specialty bar associations, leading law schools and law firms, and franchise authors who have a long history of working with Fastcase COO Steve Errick, and who embrace Fastcase as a steward of their works. [read post]
6 Sep 2012, 5:00 am
Lee Burgess has been helping students in law school and those studying for the California bar exam find exam success since 2009. [read post]
27 Jul 2024, 8:05 am
Every state, even the most conservative and judgmental about debt, provides for exemptions in their laws. [read post]
10 Jun 2016, 9:32 am
California Teachers Association, 14-915, another case affirmed by an equally divided Court. [read post]
16 Jan 2015, 7:52 am
The trial court held the class action was barred because Iskanian had signed an arbitration agreement waiving any participation in a “class action” or “representative action,” but the California Supreme Court, in an opinion by Justice Goodwin Liu, held that because PAGA allowed an individual to act as a “proxy” for the state, the Federal Arbitration Act’s “goal of promoting arbitration as a means of private… [read post]
22 Nov 2010, 6:59 am
” (Note that there are California courts that reason otherwise: that such a claim enforces California law, not the FDCA; it’s just that California has chosen to incorporate the FDCA in its own law.) [read post]
Column: Don’t Make ‘The Worst Legal Mistake Of Your Life’. Why It’s Important To Hire A Local Lawyer
11 Jan 2022, 2:46 pm
The California State Bar is investigating the fraudulent billing practices of the law firm in my December 2020 article – and they are one of many law firms I am aware of who illegally charge for expenses that the lawyers never incur. [read post]
6 Mar 2013, 10:44 am
Gibbs, who was admitted to the California State Bar in 2007, and who billed himself as "Of Counsel" to Prenda Law Inc. [read post]
1 Nov 2013, 9:33 am
Jurists from a federal circuit court and state supreme courts spoke at the Goldwater Institute, Oct. 25, 2013. [read post]
2 Apr 2012, 3:55 pm
Plaintiff can pursue this claim in state court.] __ Sony's move to require arbitration of disputes was in response to the Supreme Court's decision in AT&T v. [read post]
3 Jun 2016, 8:13 am
Lee, 15-789, the Court held that California’s procedural default rule barring claims raised for the first time on state collateral review was sufficiently firmly established and regularly followed to legitimately bar review of habeas claims, shockingly resulting in a reversal of the Ninth Circuit. [read post]
8 Dec 2014, 3:56 pm
In affirming, the Court of Appeal rejected County’s arguments that the petition was time barred (because the Sierra Club sought to enforce, not challenge the adequacy of, a mitigation measure); that the CAP satisfied MM CC-1.2; and that the trial court erred in requiring a supplemental EIR. [read post]
29 Mar 2015, 5:42 pm
State Farm Fire & Cas. [read post]
29 Mar 2015, 5:42 pm
State Farm Fire & Cas. [read post]
5 Feb 2014, 7:11 am
’ “, and who is still alive and living in California), filed suit. [read post]
3 Mar 2008, 12:13 pm
US, No. 06-5301 Dismissal of claim for the return of cash that was seized and forfeited in connection with plaintiff's arrest for violating currency reporting laws is affirmed as the district court lacked subject matter jurisdiction because the claim is barred by sovereign immunity. . .U.S. 2nd Circuit Court of Appeals, February 27, 2008 U.S. v. [read post]
30 Mar 2023, 9:05 pm
California Governor Gavin Newsom signed legislation that implements state-level oversight and accountability measures for oil companies, bringing transparency to California’s oil and gas industry. [read post]
