Search for: "Unpublished Disposition" Results 21 - 40 of 386
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7 Mar 2019, 11:24 am by Mark Ashton
 The Supreme Court ordered that unpublished decisions decided as of May 1, 2019 may be cited in briefs and arguments but do not have the weight of stare decisis. [read post]
4 Mar 2019, 3:23 pm by Kevin LaCroix
The two really dispositive facts here were that the fee dispute and the due diligence dispute were separate matters, and the fee dispute wouldn’t have been covered even if Alix had provided [read post]
26 Feb 2019, 10:24 am by Arthur F. Coon
” Interestingly, it supports this conclusion with a lengthy footnote citing reasoning in an unpublished 2006 opinion from the Second District. [read post]
25 Feb 2019, 6:49 am by Lisa Ouellette
More importantly, of all the dispositive decisions that upheld transformative use, 94% eventually led to a finding of fair use. [read post]
25 Feb 2019, 6:49 am by Lisa Ouellette
More importantly, of all the dispositive decisions that upheld transformative use, 94% eventually led to a finding of fair use. [read post]
20 Feb 2019, 2:37 pm by admin
This article examines some recent published and unpublished decisions from last decade of eminent domain cases in Ohio, and considers their effect on appropriation proceedings in the State, particularly in the areas of evidentiary, substantive, and procedural issues. [read post]
20 Feb 2019, 2:37 pm by admin
This article examines some recent published and unpublished decisions from last decade of eminent domain cases in Ohio, and considers their effect on appropriation proceedings in the State, particularly in the areas of evidentiary, substantive, and procedural issues. [read post]
20 Feb 2019, 10:32 am by admin
The Interplay between the Fourteenth Amendment’s Due Process Clause and the Fifth Amendment’s Takings Clause: Is the Supreme Court’s Test for “Public Use” Merely Rational Basis? [read post]
20 Feb 2019, 10:32 am by admin
The Interplay between the Fourteenth Amendment’s Due Process Clause and the Fifth Amendment’s Takings Clause: Is the Supreme Court’s Test for “Public Use” Merely Rational Basis? [read post]
12 Feb 2019, 10:30 am by Arthur F. Coon
  The unpublished portion of the opinion, which also won’t be further discussed here, rejected Appellants’ arguments that the project failed to meet the City Zoning Code’s open space requirements, and that the City’s “nondetriment” findings inadequately addressed alleged emergency vehicle access and related fire hazard concerns.) [read post]
11 Dec 2018, 5:46 pm by Matthew C. Henderson and Arthur F. Coon
  This result conflicted with an unpublished opinion from the Fifth District issued on August 24, 2018, Protecting Our Water & Environmental Resources v. [read post]
21 Nov 2018, 6:49 pm by Curt Cutting
This unpublished memorandum disposition from the Ninth Circuit affirms a punitive damages award in a housing discrimination case. [read post]
17 Nov 2018, 12:10 pm by Schachtman
Instead, Rothman’s brief wet out to make three narrow points: (1) courts should not rely upon strict statistical significance testing for admissibility determinations; (2) peer review is not an appropriate touchstone for the validity of an expert witness’s opinion; and (3) unpublished, non-peer-reviewed “reanalysis” of studies is a routine part of the scientific process, and regularly practiced by epidemiologists and other scientists. [read post]
29 Oct 2018, 8:02 am by Amy Howe
Justice Sonia Sotomayor agreed with the court’s disposition of Townes’ case, but she wrote separately to express reservations about the trial court’s conduct. [read post]
24 Oct 2018, 7:05 am by Eric Goldman
by guest blogger Tyler Ochoa On October 11, 2018, President Trump signed into law H.R. 1551, the Orrin G. [read post]
8 Oct 2018, 3:28 pm by Eugene Volokh
As the supreme court has long established, "the trial court is in a far better position than we are to evaluate the various factors bearing on the credibility of the witnesses, such as their demeanor, disposition, and character. [read post]
1 Oct 2018, 2:28 pm by Arthur F. Coon
  The HOA alone had previously filed an action challenging those modifications on CEQA grounds, and the Court affirmed the judgment rejecting those claims in a prior, unpublished 2017 opinion. [read post]