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
On September 15, 2014, the United States Court of Appeals for the Ninth Circuit issued a landmark decision strongly favoring debtors seeking to discharge tax debt in bankruptcy.
The case, Hawkins v. Franchise Tax Board...more
This updates our report last summer on a Federal Communications Commission (FCC) letter brief filed at the invitation of the U.S. Court of Appeals for the Second Circuit in Nigro v. Mercantile Adjustment Bureau, which...more
Appreciation of fine art can create challenging tax issues, but with proper planning collectors can minimize the estate, gift, and income tax consequences of their collections.
For taxpayers hoping to keep their works...more
Title VII of the Civil Rights Act of 1964 requires that an individual show that he or she was subjected to an "adverse employment action" in order to proceed on a claim of discrimination. Courts have defined "adverse...more
Monday, the United States Supreme Court denied certiorari in Khan v. Chowdhury, Case No. 13-1479. Notwithstanding the denial, this case is notable, as it highlights a recurring issue in preserving error for appeal: proposing...more
Federal Circuit Affirms Willful Infringement Judgment and Enhanced Damages Award -
In an October 14, 2014, decision, the Federal Circuit upheld a judgment of willful infringement and an award of enhanced damages...more
On October 6, 2014, the U.S. Court of Appeals for the Federal Circuit entertained oral argument in the interlocutory appeal of the district court’s denial of Myriad’s motion for preliminary injunction against Ambry Genetics....more
The Ninth Circuit’s recent opinion in Nguyen v. Barnes & Noble Inc., No. 12–56628, August 18, 2014, US 9th Circuit, provides insight regarding courts’ treatment of Internet-based contracts of interest to those operating in...more
Courts that have confronted the application of the “prior express consent” requirement of the Telephone Consumer Protection Act, see 47 U.S.C. § 227 – a.k.a., the TCPA – have in the main taken their cues from and adhered to...more
Insurance Coverage – Auto Exclusion for “Nonrelative Resident” not Permitted -
Court Of Appeal, Fourth Appellate District (September 24, 2014)-
Many automobile policies have exclusions against coverage for...more
Safeco Ins. Co. of Ill. v. Beare, No. 4D13-3104, 2014 WL 4626851 (Fla. Dist. Ct. App. Sept. 17, 2014).
The Fourth District Court of Appeal of the State of Florida denies an insurer’s petition seeking review of the...more
In Krys v. Farnum Place, the Second Circuit ruled that, in a Chapter 15 ancillary proceeding, a SIPA claim is within the territorial jurisdiction of the United States and its sale by the Foreign Representative must be...more
In Indio Police Command Unit Association, et al., v. City of Indio, et al. (--- Cal.Rptr.3d ---, Cal.App. 4th Dist. September 15, 2014) a California Court of Appeal confirmed the applicability of Meyers-Milias-Brown Act...more
In April 2014, the Florida Supreme Court, resolving the split in the Florida District Courts of Appeal, held that the Florida Civil Rights Act (“FCRA”) prohibits discrimination in employment on the basis of pregnancy....more
In his August 15, 2014 decision in George v. Anishinabek (Police Service), Justice Doherty, on behalf of a unanimous Ontario Court of Appeal, allowed an appellant to raise a dispositive jurisdictional argument on appeal, even...more
In what can only be described as a devastating result for a general contractor, the Fourth Appellate District held that a general contractor may prospectively waive the priority of a mechanic’s lien to the owner’s...more
In the recently concluded September term, the Illinois Supreme Court heard one of the shortest civil arguments it has heard in many years in People ex rel. Madigan v. Illinois Commerce Commission. Madigan seems likely to...more
The Third Circuit Court of Appeals recently held that an envelope revealing a consumer’s account number through a clear plastic window constitutes a violation of the Fair Debt Collection Practices Act (“FDCPA”). In doing so,...more
Icon Health & Fitness, Inc. v. Octane Fitness, LLC; Checkpoint Systems, Inc. v. All-Tag Sec., S.A.; Highmark, Inc. v. Allcare Health Mgmt. Sys., Inc. -
In the span of 10 days, and in the wake of the U.S Supreme Court...more
In her August 12, 2014 decision, R. v. P.C., Justice Weiler, for a unanimous Ontario Court of Appeal, rejected an accused’s argument that he had an automatic right to state-funded counsel for a first appeal in a criminal case...more
On September 30, 2014, Judge Beryl A. Howell of the U.S. District Court for the District of Columbia dismissed a challenge to the Securities and Exchange Commission's (SEC) Rule 206(4)-5 (Rule) for lack of subject matter...more
In September 2013, the Arizona Court of Appeals held that commercial borrowers and guarantors cannot prospectively waive their right to seek a fair market value hearing to limit their potential deficiency liability following...more
In 926 North Ardmore Avenue, LLC v. County of Los Angeles, the 2nd District Court of Appeal held that Proposition 13 changes in ownership prompted by transfers of legal entity interests should also be characterized as “realty...more
In the closing days of its September term, the Illinois Supreme Court allowed a petition for leave to appeal in Brunton v. Kruger. Brunton involves the scope of the accountant-client privilege – more specifically, what...more
The US Court of Appeals for the Fifth Circuit recently held that multiple partial “corrective” disclosures collectively may satisfy the requirements of pleading loss causation in a securities fraud class action, even if no...more
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