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24 Apr 2021, 1:53 pm
All agree that the district court plays a major role in determining what those costs are, because subsection (e) of Rule 39 lists the five categories of permissible costs and states that they are “taxable” in the district court; generally the case returns to the district court for finalization of the cost award after the resolution of the appeal by the appellate court. [read post]
23 Apr 2021, 9:23 am
Boermeester then appealed, and the California Court of Appeal for the Second District reversed, remanding the matter back to the trial court. [read post]
22 Apr 2021, 1:59 pm
Displeased with the Rogers test, the Colorado district court adopted its own six non-exclusive factors to consider. [read post]
21 Apr 2021, 10:32 am
While the appeal was pending, Wilson both resigned his position as trustee and lost an election to be trustee from another district. [read post]
21 Apr 2021, 9:27 am
Sisco Equipment Rental & Sales, Inc., 53 F.3d 186, 190–91 (8th Cir. 1995) (permitting party denied substitution before the district court to appeal despite transferring all interest in lawsuit). [read post]
21 Apr 2021, 4:05 am
" The appeals court noted that since the district court decision, "the legal landscape has shifted significantly. [read post]
20 Apr 2021, 7:19 am
Court of Appeals for the 5th Circuit, district courts have no discretion at all to deny or reduce the listed costs, but rather must award the entire amount of the listed costs in each case. [read post]
16 Apr 2021, 10:14 am
Courts of Appeals for the 5th and 11th Circuits, while the U.S. [read post]
15 Apr 2021, 2:00 am
Stoking the Fire Five Star asked the 5th Circuit to review the decision, but it agreed with the district court judge. [read post]
13 Apr 2021, 10:34 am
City and County of San Francisco (2021) 60 Cal.App.5th 470. [read post]
13 Apr 2021, 7:50 am
California Supreme Court Following the bail hearing, Humphrey pursued habeas corpus relief in the California Court of Appeal and eventually was released by the trial court on nonfinancial conditions. [read post]
10 Apr 2021, 4:39 pm
And the en banc court acted while a Moore-entered stay of district court injunction was in place. [read post]
9 Apr 2021, 9:33 am
However, at Providence’s request, the district court later certified its order for interlocutory appeal to the Ninth Circuit, which accepted the appeal. [read post]
7 Apr 2021, 1:53 pm
Our opponent was the Justice Department, whose attorneys commented when we won at the US District Court level, that they just needed to get to the Sixth Circuit Court of Appeals where complex issues like this were understood by both counsel and the court. [read post]
6 Apr 2021, 3:00 am
The First District Court of Appeal upheld the Board’s imposition of additional mitigation requirements under the WDR. [read post]
31 Mar 2021, 3:00 am
The Court of Appeal disagreed. [read post]
29 Mar 2021, 12:24 pm
Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv) states in pertinent part, “[a]ppeals to the district courts of appeal of nonfinal orders are limited to those that: […] determine […] the entitlement of a party to arbitration. [read post]
25 Mar 2021, 7:00 am
In 2019, a federal district court judge in Houston declared the policy unconstitutional. [read post]
23 Mar 2021, 7:36 am
Court of Appeals for the Fifth Circuit issued a significant ruling regarding the test for seaman status. [read post]
19 Mar 2021, 11:24 am
Here, the impact of Texas being a part of the Fifth Judicial District for the United States Court of Appeals (“Fifth Circuit”) is important. [read post]
