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7 May 2024, 6:12 am
The district court sided with Blue Cross and dismissed the lawsuit, holding that South Coast lacked standing to bring a suit since it was neither a plan participant nor a beneficiary. [read post]
6 May 2024, 11:15 am by Giles Peaker
And we continue to await Circuit Judge and Higher Court appeal decisions on all of this. [read post]
6 May 2024, 8:44 am by Jeff Welty
A district court, and the Ninth Circuit on appeal, ruled that the challenged ordinances violated the Eighth Amendment’s Cruel and Unusual Punishments Clause as to the plaintiffs. [read post]
5 May 2024, 11:31 am by J. Ross Pepper
” The United States District for the Middle District of Tennessee, in a 2005 case, did directly address the question of whether a lien lis pendens remains in effect during an appeal and, relying on Figlio and a 1920 case from Oklahoma, held that it did. [read post]
3 May 2024, 9:02 am by Dennis Crouch
The district court agreed with LDG that the APEX submission was insufficient to establish specific personal jurisdiction in Utah. [read post]
3 May 2024, 12:15 am
  Both the District Court and the Court of Appeal, however, agreed that the Reves test was the applicable test. [read post]
2 May 2024, 9:05 pm by Brian Connor
Court of Appeals for the Ninth Circuit ordered the U.S. [read post]
2 May 2024, 9:49 am by Eric Goldman
Furthermore, an appeal of this case will go to the Fifth Circuit, and I can easily imagine they will mangle the law as they usually do. * * * Unknown Parties v. [read post]
2 May 2024, 6:00 am by Public Employment Law Press
The Circuit Court of Appeals, Second Circuit, said in order to survive a motion to dismiss, a complaint’s “allegations must meet the plausibility standard set out in Ashcroft v. [read post]
2 May 2024, 6:00 am by Public Employment Law Press
The Circuit Court of Appeals, Second Circuit, said in order to survive a motion to dismiss, a complaint’s “allegations must meet the plausibility standard set out in Ashcroft v. [read post]
1 May 2024, 7:46 pm by Sabrina I. Pacifici
District Judge Amit Mehta presided over the bench trial, which ran over 40 days, and indicated that if he rules against Google he will hold a second bench trial to determine the appropriate remedy. [read post]
1 May 2024, 1:21 pm by Jonathan H. Adler
The second reason the district court identified was that, in its view, there was an intervening change in the law. [read post]
1 May 2024, 1:18 pm by Melissa Tremblay
Court of Appeals for the Second Circuit discussed at length an issue likely to become a focus of further litigation in these cases — namely, what types of scienter allegations as to underlying violations of the Anti-Kickback Statute are sufficient to satisfy Rule 9(b)’s pleading requirements. [read post]
1 May 2024, 8:43 am by Yuanchung Lee
Here, the record shows that any alleged ineffectiveness by Ortiz’s counsel (in failing to offer certain evidence) would have made no difference to the district judge (the fact-finder), Second, although a sentencing court is required to state in open …The post IAC claim rejected on direct appeal because lack of prejudice to defendant is “beyond doubt” and district court sufficiently explained its sentence given “the… [read post]