Search for: "SECOND DISTRICT COURT OF APPEAL"
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30 May 2023, 12:15 am
Last month the Second District Court of Appeal sided with Curci, upholding the imposition of a constructive trust under the alter ego theory. [read post]
29 May 2023, 6:20 pm
The district court upheld his legal disability under the "two-step" framework that Justice Thomas characterized in Bruen as "one step too many. [read post]
29 May 2023, 2:39 pm
Two were whistleblower appeals from the Tax Court. [read post]
29 May 2023, 10:00 am
Depending on the Medicare Advantage plan, the Reconsideration decision letter should state that a denied claim is automatically forwarded to the second level of administrative appeal for review by an [read post]
28 May 2023, 7:56 am
One case centered around a fictitious 11th Circuit Court of Appeals decision, so the district judge went so far as to call the clerk of the 111th Ciruit to ask whether the case existed. [read post]
28 May 2023, 7:29 am
The Sixth District Court of Appeal provides a good discussion of the “untimely notice” defense and its two-pronged test which can serve beneficial to an insured: “Prompt” is not defined in the policy issued by [the property insurance carrier] to [the plaintiff]. [read post]
28 May 2023, 5:06 am
This Court then granted dos Santos’s emergency motion to stay the district court’s order pending appeal. [read post]
27 May 2023, 12:23 pm
In fact, numerous European patent judges are doing so now between national courts and the Unified Patent Court (UPC). [read post]
26 May 2023, 4:50 pm
On appeal, the Second Appellate District affirmed the trial court’s denial of the petition to compel arbitration on unconscionability grounds. [read post]
26 May 2023, 1:27 pm
” Braude appealed, asking the Court to exand the record on appeal and, on the basis of the new evidence, hold that the district court erred in its grave-risk and ameliorative-measures findings. [read post]
26 May 2023, 1:24 pm
Because the Supreme Court issued its decision in Golan while it was considering Shon’s appeal of the second return order, it also remanded that order for the district court’s reconsideration. [read post]
26 May 2023, 1:21 pm
Second, it was clear that neither Erazo’s nor M.S.O. [read post]
26 May 2023, 1:11 pm
The Court observed that the Eleventh Circuit Court of Appeals has “read the statutory text as creating a strong presumption in favor of fee-shifting, rebuttable only by a showing from the losing respondent that an award of attorney’s fees, costs, and expenses would be clearly inappropriate. [read post]
26 May 2023, 1:02 pm
The district court granted the petition. [read post]
26 May 2023, 1:01 pm
The respondent appealed that order to the Second Circuit. [read post]
26 May 2023, 10:56 am
While the District Court ruled in favor of AWF holding that the minimal modifications to the original Goldsmith photograph were transformative, the Second Circuit reversed. [read post]
26 May 2023, 5:44 am
Liefert, the Second District Court held that when there is sufficient cause to believe that a defendant committed a DUI, the defendant’s consent to field sobriety exercises is irrelevant, and the officer can require their participation. [read post]
26 May 2023, 2:45 am
A court’s review of a decision of the Commissioner of Human Rights is not whether the court would have reached the same result but was the Commissioner's determination rational in light of the evidence presented A court's review of a college’s or university’s disciplinary action against a student limited to whether it complied with its own rules in the process A public school district is not an "education corporation… [read post]
26 May 2023, 2:45 am
A court’s review of a decision of the Commissioner of Human Rights is not whether the court would have reached the same result but was the Commissioner's determination rational in light of the evidence presented A court's review of a college’s or university’s disciplinary action against a student limited to whether it complied with its own rules in the process A public school district is not an "education corporation… [read post]
26 May 2023, 12:30 am
District court: Nope. [read post]
