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31 Mar 2017, 10:12 am
The Court of Appeals of California, Second District, recently held the dismissal of a borrower’s breach of contract claim in a prior lawsuit did not bar a claim in a subsequent lawsuit for violation of the federal Truth in Lending Act, 15 U.S.C. [read post]
16 Sep 2019, 3:13 am
The Court of Appeal for the Second District of California affirmed an order denying class certification in a wage and hour litigation, holding that the plaintiffs’ proposed anonymous, double-blind survey and statistical sampling failed to address individualized issues for liability and damages. [read post]
5 Apr 2021, 7:16 am
The Court of Appeal of the State of California, Second Appellate District, recently held that neither California Civil Code section 2954.8 nor the parties’ loan agreement required the mortgagee to pay interest on insurance proceeds it held in escrow following the destruction of the plaintiff's home. [read post]
3 Jul 2013, 5:30 am
District court held that absent item-specific knowledge of each video triggering a takedown duty, YouTube was entitled to the safe harbor. [read post]
23 Jun 2022, 6:27 am
For the second issue, the Court of Appeals found that the trial court used the pattern jury instructions for first and second degree kidnapping when instructing the jury. [read post]
23 Apr 2015, 4:35 am
Court of Appeals affirmed the district court’s decision granting Ford Motor its summary judgment dismissing this case. [read post]
25 Feb 2015, 1:17 pm
In so doing, the court approved the Fla. 5th District Court of Appeal’s approach and rejected the decisions reached by the First, Second, Third and Fourth District Courts of Appeal. [read post]
10 Dec 2008, 5:04 am
Cavera appealed (although presumably thanking his lucky stars at the same time that he had been prosecuted federally), and the Second Circuit panel assigned to the case reversed for procedural and substantive unreasonableness. [read post]
8 Oct 2007, 3:34 am
On Friday, October 5, the auto industry appealed last month's decision by a Vermont district court which upheld the authority of states to regulate tailpipe emissions of carbon dioxide. [read post]
11 Sep 2013, 4:18 am
Regardless of how Judge O'Brien rules in the [second] appeal of right, both sides are heavily invested in this case and can be expected to apply for further discretionary appeal to the Michigan Court of Appeals.We shall see whether the Court of Appeals will grant leave in light of our High Court's ruling in the Koon case. [read post]
8 Dec 2009, 2:39 pm
Defendant appeals on various constitutional grounds, primarily arguing that the recent decision of the United States Supreme Court, District of Columbia v. [read post]
7 Oct 2011, 5:00 am
Heller and his fellow plaintiffs appealed the District of Columbia Court of Appeals. [read post]
2 Jul 2013, 8:32 am
Could make for some awkward moments in Second Circuit Court cafeteria, as the United States District Court for the Southern District of New York judge being overruled here is Denny Chin, who now serves as a judge on the Second Circuit, though he continues to preside over the Authors Guild/Google case.As reported here previously (see "TUOL" post 9/19/12), Google, Inc.' [read post]
9 Jan 2024, 12:29 pm
The district court, however, ruled in favor of Barstool, leading to Rapaport’s appeal. [read post]
9 Dec 2021, 12:05 pm
On November 30, 2021, the Court of Appeal, First Appellate District, issued an important opinion in Moniz v. [read post]
12 Jan 2018, 2:17 pm
In an opinion filed on November 30, and belatedly ordered published on December 22, 2017, the Second District Court of Appeal, Division 1, affirmed the trial court’s judgment denying all CEQA challenges asserted by plaintiff/appellant Los Angeles Conservancy (“Conservancy”) to the City of West Hollywood’s (“City”) approval of the “Melrose Triangle” project (“project”). [read post]
30 Nov 2007, 9:24 am
Young, Esq., Second District, Indianapolis Mark Lubbers, Second District, Indianapolis Sherrill Wm. [read post]
1 Dec 2009, 5:19 am
The Court of Appeals does reject as non-persuasive some contrary district court rulings and an unpublished Eleventh Circuit case. [read post]
23 Nov 2010, 3:19 am
On November 17, the Second Circuit Court of Appeals, in a brief unpublished decision in Rost v. [read post]
5 Jan 2012, 10:08 am
The Second Circuit Court upheld the District Court’s decision to dismiss the case. [read post]
