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28 Feb 2011, 8:10 pm
Arkansas does not permit same-sex marriages. [read post]
12 Dec 2008, 8:21 am
Yes, the USPTO has Rule 56, which attempts to define the duty and obligation, but the United States Court of Appeals for the Federal Circuit does not feel that it is bound by the definition of the duty owed to the Patent Office, even though Rule 56 was set forth by the Patent Office. [read post]
1 May 2008, 2:24 pm
Court of Appeals for the Second Circuit dismissed a suit by New York City attempting to hold gun manufactures liable for the flow of illegal arms into the city. [read post]
21 Nov 2009, 3:10 pm
., Nov. 20, 2009), the U.S. 9th Circuit Court of Appeals held that a town's limitations on temporary directional signs are a content-neutral regulation that does not impermissibly favor commercial speech over noncommercial speech. [read post]
18 Jul 2008, 6:28 pm
This is from Ward on Iowa Limited Liability Company Law.Granting an LLC manager the power to "execute" instruments (for example, a promissory note) does not mean the manager has discretionary authority to borrow money on behalf of the LLC, so says the Kansas Court of Appeals in Sunflower Bank v. [read post]
30 Jun 2009, 6:35 am
STUART TAYLOR: “The Supreme Court’s predictable 5-4 vote to reverse the decision by Judge Sonia Sotomayor and two federal appeals court colleagues against 17 white (and one Hispanic) plaintiffs in the now-famous New Haven, Conn., firefighters decision does not by itself prove that the Sotomayor position was unreasonable. . . . [read post]
22 Mar 2009, 8:18 pm
Further, doctrine of revestment does not apply to give court jurisdiction to vacate its order. [read post]
26 Apr 2019, 7:41 am
Despite the defendant’s argument, the court does indeed have jurisdiction over this appeal considering the dual dissent of the appellate decision is a question of law ( CPLR 5601), Matter of Kelly v Safir 96 NY2d 32, 38 [2001]. [read post]
2 Sep 2010, 4:10 am
In Doe v. [read post]
20 Nov 2019, 6:08 am
Does the result of result of multiple violations result in multiple penalties? [read post]
12 Jul 2012, 6:14 am
Government's appeal of motion to suppress granted below. [read post]
1 Jun 2008, 11:52 pm
Texas Department of Criminal Justice, (5th Cir., May 30, 2008), the court first held that the 11th Amendment does not bar declaratory and injunctive relief against prison officials. [read post]
20 Nov 2015, 2:36 pm
Court of Appeals for the Sixth Circuit unambiguously held that the Clean Air Act (CAA) does not preempt state common law claims brought against regulated sources of air emissions in the same state.1 As we noted in a previous client alert and subsequent Environmental Law Reporter article,2 a facility that is otherwise in compliance with CAA emission requirements can still face lawsuits by neighboring landowners for traditional torts such as nuisance and trespass. [read post]
26 Mar 2020, 12:41 pm
Rent-A-Center appeals that the Federal Arbitration Act (FAA) does not preempt California’s McGill rule. [read post]
14 Mar 2007, 9:18 am
Circuit Court of Appeals held that a client does not forfeit the protection of the attorney-client privilege merely because that client has the good sense or good fortune to have hired a lawyer who is able not only to tell the client what the law is, but can also make recommendations and advise the client on how the client should proceed given the status of the law.Kevin Allen, The Attorney-Client Privilege and the 'Complete Lawyer': More than Mere Legal Advice, Law.com,… [read post]
24 Jan 2023, 9:13 am
Court of Appeals for the Tenth Circuit recently joined the Eleventh Circuit (and a growing majority of courts) in rejecting the “Hunstein theory” of liability under the Fair Debt Collection Practices Act (FDCPA). [read post]
25 Dec 2019, 7:30 am
Although it can be difficult for a third party to get custody of a child, it does occur in some cases. [read post]
15 Oct 2020, 6:42 am
The trial court granted the defendant’s motion, and the plaintiffs appealed. [read post]
4 Dec 2008, 9:10 pm
However, the Georgia Court of Appeals says no. [read post]
7 Apr 2023, 3:34 pm
Defendants, on remand, argue that Plaintiffs waived any argument that the Sign Code does not survive intermediate scrutiny because that argument was not made in the alternative when the case was appealed to the Fifth Circuit to from the district court. [read post]
