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20 Aug 2024, 5:01 pm
Even as this case comes to a close at the district court level (and will likely go on appeal), two other district court cases challenging the FTC Rule remain. [read post]
19 Sep 2018, 12:40 pm
In an opinion filed August 10, and later ordered published on September 7, 2018, the Fourth District Court of Appeal (Div. 2) affirmed a judgment denying Friends of Riverside’s Hills’ (FRH) writ petition challenging a residential development permit and related Negative Declaration issued by the City of Riverside (City) for a six-home, 11-acre subdivision in an environmentally sensitive area. [read post]
25 Oct 2006, 12:04 pm
However, in this post-Blakely, pre-Booker sentence is vacated because the government agrees that the District Court erred by not first calculating the guideline sentence. [read post]
8 Feb 2008, 8:40 am
On appeal, the plaintiff argued that the First District's much criticized decision in Davis v. [read post]
6 Jun 2009, 2:21 pm
CENTRAL EXPRESSWAY SIGN ASSOCIATES, ET AL.; from Dallas County; 5th district (05-06-00003-CV, 238 SW3d 800, 08-31-07) The Court reverses the court of appeals' judgment and remands the case to the trial court. [read post]
31 Oct 2022, 12:32 pm
The Court of Appeal’s Decision The Court of Appeal disagreed and reversed. [read post]
16 Nov 2023, 12:24 pm
In a published opinion filed November 13, 2023, disposing of consolidated appeals, the Second District Court of Appeal (Div. 6) affirmed judgments denying writ petitions that sought to invalidate a Ventura County ordinance. [read post]
8 Feb 2011, 6:05 pm
The federal district trial court entered summary judgment for Mid-Continent. [read post]
15 Apr 2014, 6:30 am
Before the California district court could address that issue, the case was stayed on appeal to the Supreme Court, which eventually decertified the nationwide Rule 23 (b)(2) class. [read post]
21 Jan 2020, 8:01 am
Court of Appeals for the 5th Circuit agreed with a federal district court in Texas that the mandate is unconstitutional now that there is no longer a penalty for failing to buy health insurance, but the court of appeals sent the case back to the district court for it to consider what parts, if any, of the ACA might still survive. [read post]
15 Feb 2017, 2:14 pm
This post examines an opinion from the California Court ofAppeal – Second District: People v. [read post]
10 Feb 2022, 10:30 am
The district court granted the employer’s motion for summary judgment after applying the McDonnell Douglas framework. [read post]
28 Jan 2011, 5:48 am
Daugherty, 837 So. 2d 579 (Fla. 5th DCA 2003) and Stevens v. [read post]
18 Nov 2020, 7:09 am
The district court acknowledged that a defendant generally cannot remove a case brought pursuant to the Jones Act in state court. [read post]
30 Mar 2020, 5:00 am
On September 5, 2018, a district court judge declared the law unconstitutional. [read post]
3 Jul 2013, 8:00 am
Texas’ Fourth District Court of Appeals in San Antonio has refused to compel a nursing home health care liability lawsuit to arbitration. [read post]
23 Jul 2013, 2:03 pm
In a mostly-published 95-page opinion filed July 15, 2013, the Fifth District Court of Appeal reversed a trial court’s judgment and directed issuance of a writ of mandate setting aside Resolution 09-31 and two executive orders of the California Air Resource Board (CARB) approving Low Carbon Fuel Standards (LCFS) regulations promulgated to reduce greenhouse gas (GHG) emissions. [read post]
30 Jun 2015, 6:54 am
Meche argues this despite the fact that the McCorpen defense has been cited approvingly by the Courts of Appeal of the 3rd, 6th, 7th, 8th, and 9th Circuits and the district courts of the 11th. [read post]
20 Jul 2010, 8:42 am
Id. at *3.On appeal, the Dier plaintiffs claimed that the district court abused its discretion by requiring a case-specific expert report. [read post]
17 Aug 2007, 7:06 am
Finally, as the district court observed, Chavez was able to appeal these issues to the South Dakota Supreme Court, and he has not argued, nor do we see any evidence of, any breakdown in fairness at the state appellate level. [read post]
