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14 Dec 2017, 5:34 am
According to the Board’s comments, the proposed version was substantively identical to its prior proposal from June 22, 2011, which the Board rescinded after being forced to retreat from its appeal of a district court decision invalidating the much fought-over revisions due to a quorum issue. [read post]
12 Dec 2017, 9:57 am
In ruling on the motion for summary judgment, the District Court concluded that genuine issues of material fact remained as to whether Madden had received the Cardholder Agreement and Change In Terms, and as to whether FIA had actually assigned her debt to Midland Funding. [read post]
12 Dec 2017, 9:57 am
The District Court concluded that the proposed class failed to satisfy Rule 23(a)'s commonality and typicality requirements because "[t]he claims of each member of the class will turn on whether the class member agreed to Delaware interest rates& [read post]
11 Dec 2017, 12:54 pm
And so, for similar reasons, the district court held in Coker that the no-cohabitation rule could be sufficiently rationalized. [read post]
11 Dec 2017, 10:32 am
” The Fourth District Court of Appeal was confronted with the issue of a party invoking the trade secret privilege in Am. [read post]
1 Dec 2017, 12:44 pm
Notwithstanding Guidelines § 15125(a)’s provision that the baseline is normally the existing conditions when the NOP is published, or when environmental review commences, the Supreme Court made clear that neither CEQA nor the Guidelines “mandates a uniform, inflexible rule for determination of the existing conditions baseline. [read post]
28 Nov 2017, 6:02 pm
We look for a rule that might be in conflict, that could be taken to be in conflict, with the jurisdictional provision. [read post]
17 Nov 2017, 1:10 pm
Hall (January 16): Whether the rule announced in Gelboim v. [read post]
17 Nov 2017, 10:29 am
The court's determination must be treated as a ruling on a question of law. [read post]
15 Nov 2017, 5:04 am
Earlier this year, the Kansas Court of Appeals affirmed a district court decision holding that Mark R. [read post]
12 Nov 2017, 4:06 pm
The Court held that the new proportionality rules contained in the CPR 44.3(2) and 44.3(5) did not apply to success fees and ATE insurance premiums. [read post]
November Reasonably Suspicious Podcast: Let me be your lawyer dog, or I won't be your man at all ...
12 Nov 2017, 5:51 am
Davis, seeking funds for investigation into an ineffective assistance claim.A state district court considers Ex Parte Flores in which the key eyewitness was subjected to hypnosis before changing her ID of the suspect. [read post]
10 Nov 2017, 3:32 pm
District Judge Robert M. [read post]
10 Nov 2017, 10:00 am
District Court, endorsed forum-selection clauses and has held courts must honor them in all but the most unusual cases. [read post]
9 Nov 2017, 6:31 am
In the course of explaining its rejection of the Public Policy Argument, the majority creates a lack of uniformity in this court’s decisions. [read post]
9 Nov 2017, 6:31 am
In the course of explaining its rejection of the Public Policy Argument, the majority creates a lack of uniformity in this court’s decisions. [read post]
8 Nov 2017, 8:55 am
In his issuing memorandum, Judge Marks also noted that the new rule was adopted with the “approval and consent” of the Chief Judge, Janet DiFiore, who was an elected District Attorney before being appointed to lead the Court of Appeals by Governor Cuomo in 2016. [read post]
8 Nov 2017, 6:30 am
Baker promptly filed a petition for habeas relief in the district court for the District of Columbia. [read post]
27 Oct 2017, 1:22 pm
District Court for the Central District of California granted summary judgment in favor of The Turtles, finding that such a right existed under California state law, the Ninth Circuit certified this question in March 2017 to the California Supreme Court which has yet to rule. [read post]
27 Oct 2017, 1:22 pm
District Court for the Central District of California granted summary judgment in favor of The Turtles, finding that such a right existed under California state law, the Ninth Circuit certified this question in March 2017 to the California Supreme Court which has yet to rule. [read post]