Search for: "IN THE MATTER OF THE RULES OF APPEL"
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8 Aug 2011, 6:02 pm
Exchange, thereby allowing to stand a Superior Court panel's ruling that benefits collected under a tortfeasor's umbrella insurance policy can serve as an offset against the amount of recoverable underinsured motorist benefits in a given matter. [read post]
23 Jul 2009, 7:20 am
Herlihy (New England Law) has posted Appellate Review of Patent Claim Construction: Should the Federal Circuit Be its Own Lexicographer In Matters Related to The Seventh Amendment? [read post]
26 Apr 2019, 7:41 am
(Matter of N. v NY Office of Children & Family Services, NY Slip Op 04379) June 18, 2018 The court rules that this decision should be reversed, and the petition dismissed without costs. [read post]
22 Jul 2006, 5:29 am
Howard Bashman has this interesting article at law.com on whether appellate judges should be allowed/encouraged to look at blawgs related to substantive matters in pending cases. [read post]
14 Oct 2011, 3:00 am
In the revised decision, the Appellate Division reaffirms the important international litigation ruling from the initial decision. [read post]
14 May 2012, 3:24 am
The court reasoned that granting review of an incomplete Federal Arbitration Act (FAA) arbitration by mandamus would have likely granted the matter a greater scope of review in Texas than would have been granted in a federal appellate court. [read post]
9 Oct 2012, 10:37 am
The Ohio Supreme Court is requesting comments until November 13th on proposed changes to the Rules of Practice and Procedure, including appellate, civil, criminal, juvenile and evidence rules. [read post]
27 Aug 2010, 10:26 am
The July appellate court decision further held that the FCC's rule, which allowed broadcasters to be fined based on isolated expletives, chills protected speech, as broadcasters would err on the side of not airing controversial matter, rather... [read post]
16 Aug 2011, 11:54 am
A California appellate court (First District, Division Two) has issued a ruling that invalidates collection of DNA samples from people who have been merely arrested. [read post]
3 Mar 2007, 12:19 am
Brown, 232 F.3d 44, 48 (2d Cir. 2000).Moreover, for purposes of determining the scope of the appellate waiver, it did not matter that the district court told the defendant during the Rule 11 colloquy that it had the authority to impose a concurrent, partially concurrent, or consecutive sentence. [read post]
12 Nov 2014, 2:57 pm
Rule Evid. 102. [read post]
22 Jan 2015, 4:00 am
Police Lieutenants Benevolent Assn., 2015 NY Slip Op 00459, Appellate Division, First Department [See, also, Matter of Port Auth. of N.Y. [read post]
1 Nov 2016, 9:00 am
Spoliation occurs when a party violates its duty to preserve evidence that could be relevant to a matter at issue in litigation. [read post]
1 Apr 2021, 1:13 pm
Even if you don't care about TCPA cases, appellate lawyers should read today's opinion from SCOTUS here. [read post]
25 Oct 2018, 5:00 am
In this matter, the trial court and the Superior Court had both ruled that the Defendants were entitled to summary judgment, holding that the Discovery Rule did not toll the statute of limitations because, as a matter of law, appellants failed to establish that they pursued their action with reasonable diligence. [read post]
24 Aug 2020, 6:44 pm
District Court ruling, but said they couldn’t rule on some matters it considered to be under state, not federal, jurisdiction”: Manny Ramos of The Chicago Sun-Times has this report. [read post]
1 Dec 2020, 3:34 pm
At base, the current uncertainty stems from a longstanding lack of clarity regarding the distinction between matters of law and matters of fact. [read post]
25 Mar 2008, 7:09 pm
A self-professed problem gambler who voluntarily placed himself on the New Jersey Casino Control Commission's lifetime self-exclusion list is not entitled to removal from that list on becoming aware that out-of-state casinos affiliated with New Jersey casinos would also exclude him from their gaming facilities, the Appellate Division ruled on March 20, 2008 in The Matter of the Petition of S.D. for Removal From the Voluntary Self-Exclusion List, A-3427-06T2. [read post]
22 Oct 2009, 7:59 am
"‘Apart from the prevention of fraud or interference with the rights of others, there is no reason - and no legal basis - for courts to appoint themselves the guardians of orthodoxy in such matters,'" the court commented, citing a prior ruling, Matter of Guido, 1 Misc. 3d 825, 828 [2003]. [read post]
7 Aug 2019, 2:56 pm
Thompson, holds that Rule 60(b)(5), SCRCP, does not give that family court subject matter jurisdiction to modify an equitable distribution order. [read post]
