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28 Dec 2022, 11:20 am
., a four-paragraph unpublished memorandum disposition containing absolutely no analysis or comparison of the two works at issue (Gregorini’s film The Truth About Emanuel and M. [read post]
21 Dec 2022, 7:36 am
The party citing to an unpublished judicial disposition should provide a citation to the disposition in a publicly accessible electronic database. [read post]
19 Oct 2022, 6:30 am
Federal Circuit Rule 32.1(d) states, in relevant part: The court may refer to a nonprecedential or unpublished disposition in an opinion or order and may look to a nonprecedential or unpublished disposition for guidance or persuasive reasoning but will not give one of its own nonprecedential dispositions the effect of binding precedent. [read post]
30 Sep 2022, 12:30 pm
Or is it okay because he isn't making dispositive rulings?) [read post]
25 Sep 2022, 8:20 pm
According to the appeals court’s unpublished opinion, the juvenile argued he was similarly situated to juvenile therapeutic court participants and there was no rational basis to treat him differently. [read post]
19 Jul 2022, 5:01 am
But those arguments should still be remembered, if only as cautionary tales. [* * *] Tomorrow: How can we make sense of the line between punishable lies and unpublishable lies. [read post]
12 Jul 2022, 12:47 pm
Natanson is unpublished (not precedent setting), but still an important read on the topic in terms of what the court considered that will likely be considered in future cases as they start to be decided. [read post]
6 Jul 2022, 5:24 am
In re JBD, 2022-NCCOA-353 (unpublished). [read post]
23 Jun 2022, 7:14 am
On June 29, 2007, the 11th Circuit Court of Appeal in an unpublished decision in In re Rosacometta, S.R.L., 244 Fed.Appx. 286 (11th Cir. 2007) upheld the decision of the Bankruptcy Court of the Southern District of Florida. [read post]
10 Jun 2022, 3:01 pm
App., June 7, 2022) (citations omitted) (unpublished). [read post]
2 Jun 2022, 8:57 am
On June 1, 2022, the Sixth District Court of Appeal, in response to a request for publication, ordered that its previously unpublished May 9, 2022 opinion in Committee for Sound Water and Land Development v. [read post]
27 May 2022, 5:04 pm
(Numerous of Appellants’ other CEQA claims and their general plan consistency claims were rejected in the unpublished portion of the opinion.) [read post]
20 May 2022, 1:24 pm
While this blog does not ordinarily focus on unpublished appellate decisions, the recent case of Committee for Sound Water and Land Development v. [read post]
27 Apr 2022, 7:28 am
[This guest post from Yale Law School student Leah Samuel—the third post in our FTC UMC Rulemaking symposium—is a condensed version of a full-length paper. [read post]
23 Feb 2022, 10:00 am
But most regular design applications (i.e., those not filed through the Hague System) are kept confidential and unpublished unless and until they issue as patents. [read post]
22 Feb 2022, 5:00 am
Circuit issued an unpublished disposition concluding that a case brought by the Securities Industry and Financial Markets Association was moot because SIFMA’s petition for review was filed out of time. [read post]
6 Jan 2022, 2:51 pm
A recent unpublished appellate decision addressed the atypical case of where a decedent writes a trust but never executes a will to accompany it. [read post]
3 Jan 2022, 11:29 am
It found the threshold – and ultimately dispositive – issue to be a question of law, i.e., whether the City acted in a quasi-adjudicatory capacity in certifying the FEIR and approving amendments to the planning documents. [read post]
8 Nov 2021, 9:43 am
(In the unpublished portion of its opinion, which won’t be further discussed in this post, the Court of Appeal held the trial court was correct in finding that substantial evidence supported a fair argument that the project may have a significant impact on the beetle, thus requiring an EIR, and also concluded the trial court did not err in upholding the County’s determinations that the project was consistent with the Williamson Act and County’s zoning code.) [read post]
7 Oct 2021, 6:00 am
With copyright being in most cases not a public but a private right, it entails private autonomy, allowing - within the limits of dispositive national rights - free contracting over copyright assets and estates. [read post]