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Unpublished Opinions

McAfee & Taft

Recent amendments to the Supreme Court of Oklahoma's Rule 1.200 and other notable changes: A shift in access to unpublished...

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2024 amendment: Unveiling unpublished opinions - The Oklahoma Supreme Court’s recent amendment to Rule 1.200 on February 26, 2024, continues the court’s shift towards judicial modernization and transparency, allowing...more

Kaufman & Canoles

Title Insurance Client Alert – Supreme Court of Virginia Holds Restrictive Covenant Unenforceable

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Wells v. Beville, Record No. 210469 - Yesterday, in an unpublished order, the Supreme Court of Virginia held that a covenant restricting the sale of property on Smith Mountain Lake was unenforceable due to changed...more

Proskauer - Minding Your Business

Court Rules that New York’s New Anti-SLAPP Law Applies Retroactively

On June 30, 2021, pop star Kesha was reportedly handed a victory by a New York state court, which ruled that the state’s new anti-SLAPP legislation applied retroactively to music producer Dr. Luke’s lawsuit, in which he...more

Fox Rothschild LLP

Update On Fourth Circuit Published Opinions Without Argument

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Back in January I blogged about how frequently, and in what types of cases, the Fourth Circuit was issuing published opinions after submission on briefs–a new phenomenon in the Circuit made possible only by the...more

Proskauer - Minding Your Business

Uber Can’t Compel Arbitration of PAGA Claim According to California Court

On April 21, 2021, the Second Appellate District of the Court of Appeal of the State of California filed an unpublished opinion rejecting Uber’s attempt to enforce an arbitration provision that waived an employee’s right to...more

Nossaman LLP

What can I do when the Perfect Case is Unpublished?

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Sometimes there is a case that seems to perfectly address the legal issue you are trying to make and the facts line up, but the case is unpublished. According to the California Rules of Court, rule 8.1115, unpublished cases...more

Fox Rothschild LLP

Always Read The Footnotes

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There is a school of thought in legal writing that you should never put anything too important in footnotes, as some readers might skip over them. Well, if you are one of those readers, then you would have missed a good...more

Fox Rothschild LLP

Judge Andrews Denies Without Prejudice Plaintiff’s Daubert Motion To Exclude Testimony Of Defendant’s Experts In Support Of Patent...

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By Memorandum Order entered by The Honorable Richard G. Andrews in Ingevity Corp. et al. v. BASF Corp., Civil Action No. 18-1391-RGA (D.Del. October 21, 2020), the Court denied Plaintiff Ingevity’s motion to exclude all or...more

Fox Rothschild LLP

Drop My Name: Per Curiam Opinions At The Court Of Appeals

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It doesn’t take long for those who read judicial opinions to come across an unsigned, “per curiam” decision. Many decisions from the U.S. Supreme Court, federal circuit courts, and our state Supreme Court are short-ish...more

Mintz - Arbitration, Mediation, ADR...

U.S. Enforcement of International Arbitral Awards: Is Forum Non Conveniens a Viable Defense?

Are there circumstances in which forum non conveniens is a viable defense in the U.S. to a petition to confirm an arbitration award that is subject to the Convention on the Recognition and Enforcement of Foreign Arbitral...more

Allen Matkins

In This Case, The Contract Had No Beginning

Allen Matkins on

Known for the elegance of his Latin, French humanist Marc Antoine Muret observed "que Graece Latineque sciat, is, quocunque terrarum venerit, apud plerosque admirationi erit (and whoever knows Greek or Latin, wherever in the...more

Dickinson Wright

Citing Unpublished Opinions

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It’s well-understood that unpublished decisions don’t have precedential value under the doctrine of stare decisis. The Michigan Court of Appeals has even cautioned against citing them, warning that “[c]onsideration of...more

Womble Bond Dickinson

Zoning Violation Sent to Landlord, Only, Nonetheless Started Tenant’s Appeal Clock

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In Hancock v. City of Monroe, an unpublished opinion decided on November 19, 2019, the Court of Appeals considered whether a commercial tenant’s right to appeal a zoning notice of violation – an “NOV” – had run, where the...more

Genova Burns LLC

Appellate Division Affirms Suspension of Employee for Failure to Attend Mandatory Harassment Training

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The New Jersey Appellate Division recently affirmed a decision of the Civil Service Commission imposing a ten-day suspension on a Mercer County Correction Center (MCCC) Officer for failure to attend mandatory harassment...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says Attendance Was Essential Function of Job

If asked to describe the essential functions of a given job, most employers would include actually showing up to work as a critical component. In recent years the Equal Employment Opportunity Commission has taken the position...more

White and Williams LLP

Superior Court Addresses Whether the Plaintiff Is the “Master of the Claim” in Post-Tincher Decision

Since the Supreme Court of Pennsylvania decided Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014), parties proceeding in product liability cases in Pennsylvania often disagree about jury instructions. In Davis v....more

Sheppard Mullin Richter & Hampton LLP

Employers Can Now Stand Firmly On Not Paying Employees For The Cost Of Slip-Resistant Shoes

On June 4, 2019, the Court of Appeal, Third Appellate District issued an unpublished opinion in Krista Townley v. BJ’s Restaurants, Inc. holding that BJ’s Restaurants was not required to reimburse its employees for the cost...more

Allen Matkins

The Vote Was 21 to 20; So Why Didn't This Motion Pass?

Allen Matkins on

San Francisco's Chinese Consolidated Benevolent Association (CCBA) was formed during California's Gold Rush. At the time, China was ruled by an emperor. After the abdication of the Emperor Pu Yi in 1912, China became the...more

McManis Faulkner

Citation to Unpublished Cases: A Brief Comparison of Federal And California Practices [Part 3 of 5]

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Attorneys who appear in both state and federal courts must be familiar with the differences between the two systems. While some rules have harmonized over time, other procedures are entirely distinct. As a matter of...more

Jaburg Wilk

What Exactly is That Rule About Unpublished Decisions and Can’t We Cite Them Now?

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For writers of any legal briefs, there is hardly anything more frustrating than finally finding a case on point, in our jurisdiction, with a “correct” holding to support our argument, but unpublished. More than 85% of the...more

Proskauer - Whistleblower Defense

Court Precludes Parallel Cause of Action Where CEPA Violations Are Plead

On January 30, 2018, the U.S. District Court for the District of New Jersey granted Defendant Public Service Electric & Gas Co.’s motion to dismiss a New Jersey common law wrongful termination claim in a whistleblower...more

Proskauer - New Media & Technology

No Liability for Self-Publishing Platforms over Author’s Use of Unauthorized Cover Photo

In a brief, unpublished opinion, the Sixth Circuit affirmed the dismissal of right of publicity and privacy claims against a host of self-publishing platforms and service providers for distributing an erotic (and purported...more

Womble Bond Dickinson

The Ready-Made Suit of Standing

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Chief Superior Court Judge James H. Pou Bailey informed lawyers - “Justice under the law is like buying a suit off the rack. It doesn’t fit anybody perfectly, but it fits a lot of people fairly well.” Sometimes, an...more

Carlton Fields

Move Along; Nothing to See in Ninth Circuit’s TCPA Opinion

Carlton Fields on

On February 3, the United States Court of Appeals for the Ninth Circuit issued a decision affirming summary judgment in favor of the defendant on a Telephone Consumer Protection Act (TCPA) claim in Baird v. Sabre, Inc.,...more

Womble Bond Dickinson

A Practical Primer on Zoning Law

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When the North Carolina Court of Appeals decides not to publish an opinion, the opinion is not controlling precedent and citations to it in briefs, and arguments are disfavored. Nevertheless, unpublished opinions can be...more

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