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12 Nov 2014, 6:24 am
On November 5, 2014, the United States Court of Appeals for the Ninth Circuit, in an unpublished disposition, issued its opinion in U.S. v. [read post]
7 Nov 2014, 5:52 am
We’ve made no secret of our distaste for the so called “heeding presumption” – that juries may presume that any alternative “adequate” warning would have been heeded by the plaintiff (or, in prescription medical product cases, the prescriber). [read post]
Argument preview: What can a federal habeas petitioner argue when defending a judgment in his favor?
14 Oct 2014, 11:19 am
In an unpublished opinion, a three-judge panel of the Fifth Circuit agreed with Texas (and rehearing was subsequently denied). [read post]
1 Oct 2014, 11:29 am
In an unpublished part of its opinion, the Court dodged a potentially important issue – Petitioner’s argument against the cost award based on an indemnity agreement between the County and Real Party in Interest – on the basis that the trial court did not abuse its discretion in disregarding the argument since Petitioners failed to raise it or the “new evidence” supporting it in their reply brief. [read post]
20 Sep 2014, 11:07 am
(affirming judgment entered on verdict that apportioned causation of lung cancer and consequent death, but remanding on a liability issue), reported only for disposition at 838 F.2d 462 (3d Cir. 1987). [read post]
10 Sep 2014, 4:33 pm
This judgment was upheld on appeal in an unpublished decision. [read post]
26 Aug 2014, 10:59 am
In a lengthy, mostly-unpublished opinion filed on August 14, 2014, the First District Court of Appeal affirmed the superior court’s judgment denying a writ petition challenging the Parkmerced Development Project. [read post]
11 Aug 2014, 3:32 am
The Budis Case On the other hand, sometimes the provisions of the operating agreement reinforce the statutory default rules, as illustrated in a recent, unpublished decision by Queens County Commercial Division Justice Orin R. [read post]
7 Aug 2014, 2:11 pm
This scenario was exemplified in a recent Fifth District Court of Appeal decision, which it ordered certified for partial publication after it was initially filed on June 30, 2014 as an unpublished opinion. [read post]
19 Jul 2014, 3:09 pm
In a recent unpublished California Court of Appeal decision, Verizon of California v. [read post]
10 Jul 2014, 9:04 am
These included significant CEQA issues concerning greenhouse gas (GHG) baseline setting and assessment methodology which were addressed in an unpublished portion of the decision. [read post]
17 Jun 2014, 8:21 am
Although Section 2.02 might seem to be dispositive, it was expressly subject to Section 2.03 (which contained the problematic "with" language). [read post]
2 Jun 2014, 2:26 pm
The trial court denied petitioner’s mandate petition, which alleged that CEQA required an EIR for the project; petitioners appealed that judgment and the Court of Appeal affirmed and, as noted, ordered its initially-unpublished decision to be published in full a month after its filing. [read post]
23 May 2014, 6:00 am
Huntington Ingalls Indus., Inc., BRB No. 13-0470 (Apr. 16, 2014) (unpublished). [read post]
22 May 2014, 6:29 am
Whether the individual defendants’ actions were rogue or unlawful was not dispositive of whether they acted under color of state law. [read post]
25 Apr 2014, 5:36 am
" The court did not address Gawker's fair use arguments, finding that the "arguments, albeit persuasive and potentially dispositive, are premature. [read post]
25 Apr 2014, 5:36 am
" The court did not address Gawker's fair use arguments, finding that the "arguments, albeit persuasive and potentially dispositive, are premature. [read post]
25 Apr 2014, 5:36 am
" The court did not address Gawker's fair use arguments, finding that the "arguments, albeit persuasive and potentially dispositive, are premature. [read post]
23 Apr 2014, 11:56 am
The California Court of Appeal affirms in an unpublished opinion. [read post]
22 Apr 2014, 1:34 am
On April 16, the Court of Appeals for the Fifth Circuit, in an unpublished opinion in U.S. ex rel. [read post]