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2 Aug 2007, 8:43 am
No one should be surprised that the United States Court of Appeals today reversed the decision of the Louisiana District Court on whether losses occasioned by rising water in New Orleans was the result of a "flood" and thus excluded from coverage under several different forms of "flood" exclusion. [read post]
1 Jun 2021, 8:52 am
The Court of Appeal’s Opinion In its brief opinion’s final introductory paragraph, the Court of Appeal summarized the arguments on appeal and its conclusions leading to affirmance as follows: “Plaintiff argues on appeal that the trial court applied the incorrect statute of limitations, and alternatively that the trial court should have applied either estoppel or the relation back doctrine (Code Civ. [read post]
27 Mar 2020, 6:32 pm
In a 74-page opinion filed February 24, and later ordered published on March 17, 2020, the Second District Court of Appeal (Division 7) affirmed judgments (granting the writ petition and awarding fees) in coordinated appeals stemming from a CEQA action successfully challenging the City of Agoura Hills’ (City) project approvals and mitigated negative declaration (MND) for a mixed use development project on an undeveloped 8.2 acre parcel. [read post]
23 Jan 2023, 9:27 am
In an opinion on rehearing filed January 18, 2023, the Third District Court of Appeal reissued its previous published opinion in the Save Our Capitol! [read post]
1 Mar 2023, 5:34 pm
Benke (ret.) of the Fourth District Court of Appeal will be sitting Pro Tem in Division Three until March 31, 2023.Judge Kim Nguyen of the Los Angeles Superior Court will be sitting Pro Tem in Division Three until April 1, 2023. [read post]
11 Nov 2021, 8:07 am
He then became a federal judge, followed by his tenure, as a 1st District Court of Appeal justice.A year ago, he was confirmed at the first openly gay justice, and the third Black man, to serve on the California Supreme Court.Jenkins, who turned 68 this week, has spent the majority of his adult life as a judge. [read post]
5 Nov 2007, 11:23 pm
., --- F.3d ----, 2007 WL 3172068 (5th Cir. [read post]
8 Apr 2020, 5:45 am
CWA then filed an appeal with the nation’s Fifth Circuit Court of Appeals. [read post]
23 Aug 2011, 8:26 am
"The state, in turn, appealed to the Supreme Court. [read post]
14 Feb 2013, 10:03 am
Jan. 30, 2013), the California Court of Appeal, Fifth District, affirmed the judgment of the California Superior Court, Tulare County, that the board of directors of defendant California Dairies, Inc. [read post]
10 Sep 2023, 9:05 am
The Biden administration and Danco appealed to the Supreme Court three weeks later. [read post]
2 Jul 2023, 2:38 pm
Court of Appeals for the First Circuit, May 19, 2023, Green Enterprises, LLC v. [read post]
13 Mar 2009, 9:11 am
Affiliated FM Insurance Company, No. 07-31061 (5th Cir. [read post]
11 Jun 2014, 10:34 am
(5th Dist., 05/27/2014, F066798) Faced with an appeal of the Superior Court of Fresno’s approval of a controversial Environmental Impact Report, the Fifth District Court of Appeal reversed and found that the challenged EIR violated the California Environmental Quality Act by failing to adequately (1) analyze the health impacts associated with the project’s air quality impacts, (2) explain how proposed mitigation measures would… [read post]
2 Oct 2007, 5:01 am
Co., 411 F.3d 585, 588 (5th Cir. 2005).) [read post]
22 Aug 2008, 4:21 pm
Aug 19, 2008): Circuit courts remain split on which test to apply in determining whether a district court order that remands a case to a bankruptcy court is appealable. [read post]
22 Aug 2008, 12:20 pm
Aug 19, 2008): Circuit courts remain split on which test to apply in determining whether a district court order that remands a case to a bankruptcy court is appealable. [read post]
11 Dec 2019, 7:30 am
” On appeal, the 5th Circuit reviewed only for “plain error” because, the court said, Holguin-Hernandez “failed to raise his challenges in the district court. [read post]
6 Jan 2009, 2:37 am
In a recent decision of the United States Court of Appeals for the Fifth Circuit, Safety National Cas. [read post]
8 Nov 2021, 4:19 pm
Court of Appeals for the Fifth Circuit affirmed the district court’s decision to deny remand, relying on the “look-through analysis” articulated in Vaden v. [read post]
