Posts tagged with: "Appeals"
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8 Apr 2024, 2:14 pm
Court of Appeals for the 5th Circuit, producing a circuit split that may reach the Supreme Court. [read post]
8 Apr 2024, 1:37 pm
The likely explanation is that the Commission fears that Apple will appeal its decision, and sees the DMA as firmer grounds on which to rest its case. [read post]
8 Apr 2024, 1:32 pm
.🌳 Last week, the Alberta Court of Appeal held that Canada and Alberta didn’t constructively expropriate coal royalties by taking steps to phase out coal development. [read post]
8 Apr 2024, 1:12 pm
If you disagree with the decision, you have the right to appeal. [read post]
8 Apr 2024, 1:07 pm
The defendant appealed, and the case was ultimately decided by the Ohio Supreme Court. [read post]
8 Apr 2024, 12:56 pm
On appeal, the Court of Appeals of Tennessee observed that, to establish demand futility, a plaintiff must prove two elements: (1) That the LLC’s management has an interest in the litigation such that it cannot exercise independent judgment; and (2) that the transaction challenged by the plaintiff is not protected by the business judgment rule. [read post]
8 Apr 2024, 12:29 pm
Rather than just tallying the number of lower federal appeals courts on each side of a legal question, lawyers applying the method would take account of the “market share” of the circuits implicated in the split to more accurately measure the significance of the conflict.According to one study, around 400 circuit splits arise per year.Law.com also has 6th Circuit Judge Worries Court AI Disclosure Rules Could Deter Use of the Tech -- "[S]houldn’t the… [read post]
8 Apr 2024, 12:29 pm
On appeal, the plaintiff argued the trial court erred in his application of N.J.S.A. 59:5-2(b)(2), and contended that a jury should resolve the question of whether the officer’s decision to initiate the pursuit and his subsequent failure to terminate the pursuit violated the Attorney General’s Vehicular Pursuit Policy (hereinafter “Guidelines”) and was thus willful misconduct. [read post]
8 Apr 2024, 12:08 pm
Since nothing in the federal or state constitutions expressly requires the governor of California to act on commutation petitions within a set timeframe, it's fairly clear that the governor can take as long as s/he wants on these petitions -- including, essentially, forever.But to the degree it was unclear before, today's Court of Appeal opinion expressly so holds.I did learn one thing today, however, that I didn't know previously. [read post]
8 Apr 2024, 11:19 am
Referring to the Sunday incident, he stated that he would “firmly appeal to military decision-makers to abstain from any action violating the basic principles that protect nuclear facilities. [read post]
8 Apr 2024, 11:14 am
Bloomberg Law has Retired Justice Stephen Breyer Plans Return to First CircuitRetired US Supreme Court Justice Stephen Breyer plans to return to the US Court of Appeals for the First Circuit in the fall to hear cases while on senior status.Breyer served on the First Circuit from 1980 to 1994, before he spent more than 27 years sitting on the US Supreme Court. [read post]
8 Apr 2024, 10:31 am
Its members are drawn from diverse sources including law firms, solo practitioners, defense, and prosecution offices handling criminal appeals, appellate court research staff, and law school faculty. [read post]
8 Apr 2024, 10:08 am
The limits of peer review ultimately make it a poor proxy for the validity tests posed by Rules 702 and 703. [read post]
8 Apr 2024, 10:05 am
Angie McDaniel appealed the trial court’s dismissal of her malicious prosecution claim and others against her ex-husband Nathan McDaniel and his parents for their role in her arrest for charges of sexual exploitation of children— charges that were later dismissed without prosecution. [read post]
8 Apr 2024, 9:47 am
Court of Appeals for the Federal Circuit heard oral arguments in Sumitomo Pharma Co. v. [read post]
8 Apr 2024, 9:25 am
Connell in his appeal in federal court. [read post]
8 Apr 2024, 9:12 am
The Invalidity Division of the European Union Intellectual Property Office (‘EUIPO’), the Board of Appeal of EUIPO (‘BoA’) and the General Court confirmed that Rihanna’s pictures constituted disclosure and that the shoes she was wearing on the pictures produced the same overall impression as Puma’s RCD. [read post]
8 Apr 2024, 8:49 am
Commercial Appeal reports on a criminal matter involving a now former Tennessee judge Now-former Shelby County Criminal Court Judge Melissa Boyd Friday morning pleaded guilty to misdemeanor harassment, and was given diversion. [read post]
8 Apr 2024, 8:27 am
Contracts — Breach of contract — Default This is an appeal from the denial of a Motion to Vacate filed by Appellants, CoreLife, Inc. [read post]
8 Apr 2024, 8:22 am
Criminal law — Post-conviction relief — Writ of certiorari In the instant appeal, the Appellant, Seamus Anthony Coyle was charged by criminal indictment in the Circuit Court for Baltimore County with first-degree murder, conspiracy to commit first-degree murder, conspiracy to commit first-degree assault, and use of a handgun in the commission of a felony. [read post]
