Nevada Workers Compensation: Hearings and Appeals Overview
If I wasn't happy with my lawyer, can I appeal and show evidence I wanted to present?
Can I collect my judgment if the other side is appealing?
What is an appeal and how do I know if I should appeal?
Bill on Bankruptcy: What's in the $83M ResCap Examiner's Report?
N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
An appellant has the opportunity to make it easy for the appellate panel to locate the relevant documents in the record. If you have the responsibility to create part of the record, select a page numbering system that makes...more
On the heels of a recent D.C. Court of Appeals ruling, the Nevada Supreme Court issued an opinion yesterday holding that a homeowners association (HOA) lien is a true super-priority lien that, if foreclosed upon, extinguishes...more
Sixth Circuit Expands the Liability of Health Care Employers for Sponsorship Costs -
On August 20, 2014, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kutty v. U.S. Department of Labor, No....more
On September 15, 2014, the U.S. Court of Appeals for the Seventh Circuit issued a notable opinion on the relevance and importance of "transformative use" on the copyright fair use analysis. (Kienitz v. Sconnie Nation LLC, No....more
Yesterday, Douglas Hall, a partner in the Airline Group of FordHarrison, appeared before an en banc panel of the Ninth U.S. Circuit Court of Appeals to defend an injunction obtained on behalf of Aircraft Service...more
The Federal Fair Housing Act (“FHA”) prohibits discrimination in the sale or rental of housing, including discriminatory land use decisions, on account of race, color, religion, sex, national origin or familial status. The...more
Town of Atherton v. California High-Speed Rail Authority (7/24/14, C070877) -
The appellate court upheld the California High-Speed Rail Authority’s Program EIR for the Central Valley to Bay Area portion of the route,...more
Barbara Lynch et al. v. California Coastal Commission (9/9/14, D064120) -
The Court of Appeals for the Fourth Appellate District (Division One) has held that homeowners who accepted the benefit of a coastal development...more
What happens when the district court orders a remand to the ERISA plan administrator?
Can you appeal it? It depends on the circuit.
FACTS: Mead sought ERISA-governed long term disability benefits, which were...more
The Franchise Tax Board’s Shande -
This is case that has been more than two decades in the making. It began in the 1990s when inventor Gilbert Hyatt filed a California tax return showing that he relocated from...more
Are you an owner or officer of a small or midsize business? An import or trade compliance professional? Someone whose job responsibilities include some aspect of the process of importing merchandise into the United States,...more
Dameron Hospital Association v. AAA Northern California, Nevada, and Utah Insurance Exchange et al. -
California Court Of Appeal, Third Appellate District (September 4, 2014) -
In Howell v. Hamilton Meats (...more
Is this a record? The 11th Circuit Court of Appeals recently ruled on a case involving 2 plaintiffs and 6 claims. The most remarkable fact is that the case at issue started in June 1990. That’s when the Complaint was filed;...more
On August 29, 2014, in Zachry Construction Corp. v. Port of Houston Authority of Harris County, No. 12-0772, 2014 WL 4472616 (Tex. 2014), the Texas Supreme Court found that no-damages-for-delay clauses that purport to waive...more
On September 3, 2014, the United States Court of Appeals for the Ninth Circuit issued its opinion in Alaska Community Action on Toxics v. Aurora Energy Services, LLC, holding that the Clean Water Act General Permit for...more
In R. v. Mian, released on September 12, 2014, the Supreme Court of Canada considered the issue of an appellate court’s ability to raise new grounds of appeal and identified factors that should guide a court in doing so. ...more
Whenever I see the names of the Iqbal and Twombly pleading cases, I can’t help but feel that the names were clipped from lost lines of Lewis Carroll’s Jabberwocky poem, perhaps as something similar to “Iqbal were the Civil...more
Reminder to Tennessee whistleblowers and employers: a Tennessee Public Protection Act (“TPPA”) suit only works if the purported whistleblower has a reasonable belief that what occurred was actually illegal.
Defamation law continues to be in the news, with actions recently being threatened or commenced against municipal and provincial politicians in Ontario. The rise of the internet as a medium through which anyone can (and many...more
In United National Maintenance, Inc. v. San Diego Convention Center, Inc., No. 12-56809 (9th Cir. May 14, 2014), the United States Court of Appeals for the Ninth Circuit held that the San Diego Convention center enjoyed...more
Often, an insurance carrier will issue a check to two joint payees — the named insured and either a public adjuster or a mortgagee. What happens when the one payee cashes the check without first obtaining a signature from the...more
The New Jersey Superior Court Appellate Division recently ruled that the damages a physician-independent contractor can recover are limited to those sustained during a notice period in the physician’s contract. The decision...more
In recent weeks, several high-profile cases involving Wisconsin public policy have come before the Seventh Circuit. In many instances, these cases have provided not only insights on the federal judicial system for the general...more
Before agreeing and executing a business sale involving a transfer of a business, an international publishing company (Wolters Kluwer) consulted its works council. The works council refused to deliver its opinion and issued...more
The Court of Appeal, in Matheson v. Lewis, [2014 ONCA 542] recently held that an All Terrain Vehicle ("ATV") is an off-road vehicle that must be insured while on a roadway.
The Plaintiff was injured in an accident as...more
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