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7 Apr 2020, 3:00 am
(C071785; 39 Cal.App.5th 708; Yolo County Superior Court; CVCV091258.) [read post]
5 Apr 2020, 5:32 pm
Abbott, (5th Cir., April 3, 2020), the U.S. 5th Circuit Court of Appeals remanded to the district court a lawsuit by Freedom From Religion Foundation which was denied the right to display its "Bill of Rights Nativity Scene" in the Texas State Capitol building. [read post]
3 Apr 2020, 4:00 am
Nationstar Mortgage, LLC, ___ Cal.App.5th ___ (Apr. 2, 2020), the Court of Appeal (Third Appellate District) discussed the three-way split in authority on the definition of "unfair" conduct under the UCL. [read post]
1 Apr 2020, 4:33 pm
Department of Transportation (2020) ___ Cal.App.5th ___. [read post]
1 Apr 2020, 4:10 am
However yesterday in In re Abbott, (5th Cir., March 31, 2020), the U.S. 5th Circuit Court of Appeals in a 2-1 decision temporarily stayed the Texas federal district court's injunction, allowing the ban on abortions to remain, at least for the time being. [read post]
31 Mar 2020, 12:29 pm
The 5th Circuit Court of Appeals issued a temporary... [read post]
31 Mar 2020, 5:00 am
Also of interest is the Court's holding than when reviewing class certification orders on appeal, "[t]he Court 'accord[s] the district court noticeably more deference' to a grant of certification 'than when [it] review[s] a denial.'" Id. at 9 (quoting Wolin v. [read post]
30 Mar 2020, 3:24 pm
“Trump nominates Mississippi judge for 5th US appeals court”: The Associated Press has this report. [read post]
30 Mar 2020, 5:00 am
On September 5, 2018, a district court judge declared the law unconstitutional. [read post]
30 Mar 2020, 4:00 am
., 44 Cal.App.5th 1103 (Feb. 6, 2020), the Court of Appeal (Second Appellate District, Division Two) affirmed an order denying class certification of UCL and FAL claims based on the defendant storage facility's allegedly deceptive "$1-for-the-first month" promotion. [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]
27 Mar 2020, 4:00 am
In Uber Technologies Pricing Cases, ___ Cal.App.5th ___ (Mar. 23, 2020), the Court of Appeal (First Appellate District, Division One) considered an action against Uber by "several taxi companies and taxi medallion owners" "alleging violation of the Unfair Practices Act’s (UPA) prohibition against below-cost sales (Bus & Prof. [read post]
26 Mar 2020, 4:00 am
Mar. 16, 2020), the Court of Appeal (Fourth Appellate District, Division One) considered an appeal from orders denying an anti-SLAPP motion in a malicious prosecution case. [read post]
25 Mar 2020, 10:41 am
Court of Appeals for the 5th Circuit holding that factual error is categorically immune from plain error review. [read post]
25 Mar 2020, 9:44 am
Prior to the Supreme Court’s decision, the CRCA had been struck down as unconstitutional by district and appellate courts in the 1st, 2nd, 4th, 5th, 6th, 9th, and 11th Circuits. [read post]
25 Mar 2020, 9:44 am
Prior to the Supreme Court’s decision, the CRCA had been struck down as unconstitutional by district and appellate courts in the 1st, 2nd, 4th, 5th, 6th, 9th, and 11th Circuits. [read post]
25 Mar 2020, 4:00 am
The Court of Appeal (First Appellate District, Division Two) filed an opinion in a securities class action asserting claims under federal law that was not removed to federal court! [read post]
24 Mar 2020, 11:55 am
The Appeal In a unanimous decision the Sixth District held that the purported 2006 will of Joseph I. [read post]
24 Mar 2020, 4:00 am
., ___ Cal.App.5th ___ (Mar. 12, 2020), the Court of Appeal (Fourth Appellate District, Division Three) reversed a $58,000 judgment in an individual action for breach of the implied warranty of merchantability, finding the claim time-barred. [read post]
23 Mar 2020, 5:40 pm
Court of Appeals for the 5th Circuit’s denial of their motions to reopen their removal cases. [read post]