Legal Book » appeals-court

1st Circuit denies appeal of cyberstalking defendant

admin — Tue, 29 Nov 2011 08:48:53 +0000

The 1st Circuit has rejected the appeal of a criminal defendant in a case that raised issues of first impression involving interstate stalking, cyberstalking and threats by mail. The appeals court also found that the sentencing court’s enhancements and departures were not in error and met the test for “substantive reasonableness.”

Former Purdue GC Calls 12-Year Debarment ‘Unreasonable’

admin — Tue, 08 Nov 2011 04:18:02 +0000

The final briefs are in as government lawyers press an appeals court to uphold the unprecedented 12-year debarment from healthcare work slapped on a former Purdue Pharma general counsel and two other executives who pleaded guilty to failing to properly supervise the marketing of a dangerous drug.

Veteran Lawyers Expound on Value of Public Service

admin — Sat, 22 Oct 2011 04:11:08 +0000

Federal appeals court Judge David Tatel and U.S. Solicitor General Donald Verrilli Jr

No Civil Remedy for Public Defender Attacked by Client at Mental Hospital

Master — Thu, 20 Oct 2011 04:01:50 +0000

A public defender attacked by her client, a patient at a mental hospital, has no viable federal constitutional rights claim against the state, a New Jersey appeals court has ruled. Department of Human Services officials are entitled to qualified immunity, the court held.

Appeal Court Says Medical Pot Ordinance Preempted By Federal Law

admin — Thu, 06 Oct 2011 05:04:29 +0000

In a blow to medical marijuana advocates, a California appeals court has ruled that a city law regulating the sale of medical pot can’t stand because it interferes with federal enforcement efforts. The issue appears bound for the California Supreme Court.

Appeal Court Says Medical Pot Ordinance Preempted By Federal Law

Master — Thu, 06 Oct 2011 05:04:29 +0000

Cop’s Sniffing of Party Guest’s Breath Was Custodial Questioning, Court Says

Master — Sat, 01 Oct 2011 05:07:21 +0000

A police officer’s sniffing of a teenage partygoer’s breath for alcohol constituted custodial questioning that triggered the right to Miranda warnings, a New Jersey appeals court has held, reversing the defendant’s conviction for underage drinking.

Sixth District Broadens Cellphone Search Authority

Master — Tue, 27 Sep 2011 23:14:23 +0000

An appeals court has taken a California Supreme Court decision a step further, giving police broader authority for warrantless cellphone searches.

Trump Can’t Sue for Defamation Over Book’s Understatement of His Worth

admin — Thu, 08 Sep 2011 05:42:07 +0000

Whether or not an author got it right when he said Donald Trump might be a mere mega-millionaire rather than the billionaire he says he is, Trump’s defamation suit over the comment was correctly dismissed, a New Jersey appeals court held Wednesday.

Attorney Who Ran Ponzi Scheme Is Disbarred

Master — Fri, 05 Aug 2011 05:46:08 +0000

A New York appeals court has officially disbarred attorney and money manager Kenneth I.

Law Grad Declared Vexatious Litigant After Third Suit Against Lawyers, Firm

Master — Sat, 30 Jul 2011 06:58:37 +0000

A Texas appeals court has upheld a trial court’s order declaring law school graduate Kristofer Kastner a vexatious litigant, after he repeatedly sued two lawyers and a firm who represented him in a Texas Board of Law Examiners hearing over his withheld law license.Visit lawjobs.com News & Views

Health Care Battle Reaches Supreme Court

Master — Thu, 28 Jul 2011 04:27:04 +0000

The titanic battle over federal health care reform is now before the U.S.

Assumption of Risk Dooms College Pitcher’s Bid to Sue for Injury

admin — Tue, 19 Jul 2011 07:29:21 +0000

A college baseball pitcher hit in the face by a line drive during batting practice assumed the risk of injury and cannot sue his school, a New York appeals court has ruled, saying it was “irrelevant” that a protection screen was not used to shield the pitcher.

Appeals Court Revives Torture Claims Against Exxon

admin — Sat, 09 Jul 2011 05:57:38 +0000

In a major ruling with wide implications for corporations that operate overseas, a divided federal appeals court said Friday that Exxon Mobil is not immune from liability for brutality that agents of the company allegedly orchestrated against Indonesian villagers.

For Banks, MERS Ruling Could Raise Cost of Foreclosures

admin — Wed, 06 Jul 2011 08:21:40 +0000

In a ruling that could make foreclosures more complicated, a New York appeals court has found that the Mortgage Electronic Registration Systems cannot assign the right to foreclose if it does not hold the promissory note underlying a mortgage.

$22 Million Award Vacated Due to Arbitrator’s Failure to Disclose Contacts With Fish & Richardson Lawyer

Master — Fri, 01 Jul 2011 06:00:50 +0000

A Texas appeals court has vacated a $22 million arbitration award after finding the arbitrator failed to disclose that a lawyer in the dispute had given him a ticket to an NBA basketball game, a wine basket and paid for expensive meals, among other things.

Dismissal of ‘mind-boggling’ foreclosure case reversed

Master — Fri, 24 Jun 2011 06:55:59 +0000

A Florida appeals court has ordered a foreclosure case reinstated because the homeowners filed “fabricated” documents that made them appear to be the lender and a bank to be the borrower. The court also referred the couple’s attorney to the State Bar for “potentially unethical conduct.”

Appeals Court Clarifies MERS Role in Foreclosures

Master — Tue, 14 Jun 2011 06:03:54 +0000

The Mortgage Electronic Registration Systems, nominal holder of millions of mortgages, does not have the right to foreclose on a mortgage in default or assign that right to anyone else if it does not hold the underlying promissory note, a New York appeals court has ruled.

Court Says Bar Exam Information Not Protected

admin — Tue, 14 Jun 2011 06:03:48 +0000

An appeals court has breathed new life into a law professor’s long-running quest for access to California State Bar admissions records, reversing a lower court ruling that the documents sought are shielded from public disclosure.

Ethics Ruling Costs Attorney/Business Partner Millions

Master — Wed, 01 Jun 2011 08:49:29 +0000

After nearly 10 years of litigation, a California appeals court has handed down the latest ruling in the story of attorney Thomas Fair — a cautionary tale for lawyers who choose to go into business with clients.

Federal Circuit Rules Against Tessera in Patent Dispute

admin — Tue, 24 May 2011 07:46:43 +0000

An appeals court has affirmed an International Trade Commission ruling that Elpida Memory, Acer, Smart Modular Technologies and several other technology companies did not infringe on Tessera’s chip packaging patents.

Claims Against Countrywide Aren’t Preempted, Second District Says

admin — Fri, 20 May 2011 05:05:47 +0000

An appeals court has revived a potentially massive class action against Countrywide and other financial entities, rejecting the argument that federal courts have exclusive jurisdiction over claims that Countrywide deceived buyers of mortgage-backed securities.

Fee-Shift Clause Found To Be Triggered Where Suit Spurred Corrective Action

Master — Fri, 13 May 2011 04:40:19 +0000

Putting some gloss on the definition of “prevailing party,” a New Jersey appeals court has held that fees may be awarded under a fee-shifting agreement if litigation that settled before trial produces a positive result.

3rd DCA rules against Citibank

Master — Tue, 10 May 2011 04:34:20 +0000

A Florida appeals court has ruled that Citibank violated a condominium association’s procedural due process rights because it failed to properly notify the association’s attorneys of a hearing to cancel a foreclosure sale.

2nd District Overturns Fee Award, Says Courts Get Last Word on Whether Arbitration Binding

admin — Thu, 21 Apr 2011 04:00:17 +0000

A split California appeals court has wiped out a law firm’s $800,000 award in a fee dispute. The dissenting justice complained the ruling “makes a mockery of the arbitration process.”