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28 Mar 2023, 10:19 am
The Second Circuit ultimately rejected Donziger’s arguments and affirmed the district court’s judgment. [read post]
28 Mar 2023, 8:58 am
***However much the district court may have thought Mr. [read post]
28 Mar 2023, 6:03 am
” In Wakefield, the Ninth Circuit became the second United States Court of Appeals to hold that due process limits aggregate statutory damages in class actions, joining the Eighth Circuit’s decision in Golan v. [read post]
28 Mar 2023, 3:00 am
City of Arcadia (2023) 88 Cal.App.5th 418, the Second Appellate District addressed a CEQA challenge to a categorical exemption (Cal. [read post]
27 Mar 2023, 10:41 pm
Second, courts have adopted Rule 42 under the Rules Enabling Act. [read post]
27 Mar 2023, 9:01 pm
Rio Tinto provided much needed clarity for district courts within the Second Circuit. [read post]
27 Mar 2023, 5:22 pm
While the US Court of Appeals for the First Circuit joins the Eleventh Circuit in finding standing, the Second Circuit, Tenth Circuit, Fifth Circuit, and D.C. [read post]
27 Mar 2023, 1:38 pm
On appeal in 2020, the Ninth Circuit reversed the District Court’s ruling and held that the toy was an expressive work and therefore protected under the First Amendment after application of the Rogers test, a test fashioned by the Second Circuit in an attempt to balance the rights of brand owners and the First Amendment, rather than a traditional likelihood of confusion analysis under the Lanham Act. [read post]
27 Mar 2023, 1:38 pm
On appeal in 2020, the Ninth Circuit reversed the District Court’s ruling and held that the toy was an expressive work and therefore protected under the First Amendment after application of the Rogers test, a test fashioned by the Second Circuit in an attempt to balance the rights of brand owners and the First Amendment, rather than a traditional likelihood of confusion analysis under the Lanham Act. [read post]
27 Mar 2023, 12:46 pm
ABOUT THE APPELLATE CLINIC FOR SELF REPRESENTED LITIGANTSPublic Counsel’s Appellate Clinic for Self-Represented Litigants has been operating out of the Second District Court of Appeal since 2008. [read post]
27 Mar 2023, 12:45 pm
On February 27, 2023, the Second District Court of Appeal (Division One) filed its published decision in Los Angeles Waterkeeper v. [read post]
27 Mar 2023, 5:30 am
And the second sentence seems implausible. [read post]
27 Mar 2023, 5:26 am
Circuits have held, or does the district court retain discretion to proceed with litigation while the appeal is pending, as the Second, Fifth, and Ninth Circuits have held? [read post]
26 Mar 2023, 9:00 pm
Court of Appeals for the Ninth Circuit. [read post]
26 Mar 2023, 6:37 pm
The case is currently pending on appeal before the Court of Appeals for the Second Circuit.I am writing about this today because a couple of weeks ago, Professor Bruce Green (Fordham Law) wrote an Op-Ed piece in the New York Times supporting the view that states should ease up on restrictions on the practice of law. [read post]
26 Mar 2023, 5:00 pm
Circuits have held, or does the district court retain discretion to proceed with litigation while the appeal is pending, as the Second, Fifth, and Ninth Circuits have held? [read post]
26 Mar 2023, 8:00 am
The insurer appealed. [read post]
25 Mar 2023, 8:05 am
Court of Appeals for the Second Circuit concluded that similar claims were preempted by federal law. [read post]
24 Mar 2023, 12:30 pm
Second Circuit: No. [read post]
24 Mar 2023, 10:48 am
The California Court of Appeal, Second Appellate District, recently handed employers a powerful tool to combat claims brought under California’s Private Attorneys General Act (“PAGA”). [read post]
