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23 Mar 2020, 2:02 pm
And in the 5th Circuit, questions of fact that the district court could have resolved if the defendant had objected cannot be plain error. [read post]
23 Mar 2020, 11:05 am
Since Reeves, two California Courts of Appeal districts have suggested that Reeves does not apply outside the employment context. [read post]
23 Mar 2020, 10:56 am
Second District Affirms Judgment Denying CCP § 1021.5 Attorneys’ Fees Motion In CEQA Action In an opinion filed February 19, and later ordered published on March 12, 2020, the Second District Court of Appeal (Division 4) affirmed the trial court’s judgment denying a motion made by a neighbor petitioner group under Code of Civil Procedure § 1021.5 for $289,544 in attorneys’ fees. [read post]
23 Mar 2020, 4:00 am
On a 2-1 vote, the Court of Appeal (First Appellate District, Division One) said no. [read post]
22 Mar 2020, 6:30 pm
Plaintiffs appealed. [read post]
22 Mar 2020, 5:12 pm
Media Law in Other Jurisdictions Australia The Full Court of the Federal Court has rejected an appeal brought by The Sydney Morning Herald against Chinese-Australian businessman Chau Chak Wing’s defamation win over an online article linking him to a US bribery scandal. [read post]
19 Mar 2020, 4:00 am
Superior Court, 24 Cal.App.5th 438 (2018). [read post]
17 Mar 2020, 3:54 pm
– Real Parties-in-Interest) (2020) ____ Cal.App.5th ____,[1] the Third District Court of Appeal affirmed judgment against a slew of California Environmental Quality Act (“CEQA”) claims centered on Environmental Council’s and Sierra Club’s (collectively, “Environmental Council” or “petitioners”) contention that the project at issue included a component – a university – that is ultimately not likely… [read post]
17 Mar 2020, 11:57 am
Courts of Appeals for the 4th, 5th, 7th, 9th, 10th and Federal Circuits – or non-waivable per the U.S. [read post]
16 Mar 2020, 1:54 pm
” In reality, those assets totaled less than $400,000, a fact which the lower court found was known by the petitioner (which the petitioner did not dispute on appeal). [read post]
16 Mar 2020, 5:00 am
On appeal, the nation’s Fifth Circuit first dismissed Catic USA’s claim that the district court lacked jurisdiction to confirm the arbitration award. [read post]
15 Mar 2020, 6:08 pm
Judge Brown’s analysis is worth reading because it looks at the 5th Circuit authorities and explains why the “deterrent effect” doctrine is not sufficient to give a plaintiff standing in the absence of any intent to return. [read post]
11 Mar 2020, 1:39 pm
Next, Sojitz pointed to the district court’s factual findings (e.g., UNOCAL’s nonpayment of any of the costs of decommissioning in the face of its continuing receipt of royalties and the fact that Sojitz, which never assumed more than 20% of the liability, had already paid ATP for its share of the estimated costs of decommissioning) to show that the court did not abuse its broad discretion in awarding Sojitz 100% of the decommissioning costs. [read post]
11 Mar 2020, 1:39 pm
Next, Sojitz pointed to the district court’s factual findings (e.g., UNOCAL’s nonpayment of any of the costs of decommissioning in the face of its continuing receipt of royalties and the fact that Sojitz, which never assumed more than 20% of the liability, had already paid ATP for its share of the estimated costs of decommissioning) to show that the court did not abuse its broad discretion in awarding Sojitz 100% of the decommissioning costs. [read post]
11 Mar 2020, 7:14 am
This statute nowhere mentions the president, but the district court, court of appeals and Supreme Court all heard the case without ever pausing to consider whether they had jurisdiction to hear a case against a sitting president, and even though doing so raised an obvious separation-of-powers issue. [read post]
10 Mar 2020, 2:54 pm
This was posted on the court's website yesterday:The Court of Appeal, First Appellate District, reminds parties and counsel that if they have concerns about health issues, but are still able to argue their case, they may notify the court at 415-865-7300 to arrange for oral argument via teleconference.The 5th DCA has this:For those who may be concerned about traveling at this time, we encourage you to consider appearing telephonically… [read post]
6 Mar 2020, 2:54 pm
They lost, appealed, and the judgment against them was affirmed by the Court of Appeal. [read post]
5 Mar 2020, 12:19 pm
Courts of Appeals for the 4th, 5th, 6th, 7th, 10th and 11th Circuits, or whether it should be placed on the defendant, as held by the U.S. [read post]
4 Mar 2020, 9:28 am
In 2018, a federal appeals court rejected a challenge to the law, concluding that it did not “impose a substantial burden on a large fraction of women. [read post]
4 Mar 2020, 4:40 am
The appeals court erred in finding otherwise. [read post]
