Search Results (4687)
Documents on Appellate Practice
Show: results per page
|A California Court Finds That Payments for an Attorney’s Time Fees Are Not “Attorney Fees” but “Costs and Expenses”?|
Summer L. Nastich; Morris Polich & Purdy LLP;
November 24, 2014, previously published on November 12, 2014In Otay Ranch v. County of San Diego, (2014) 230 Cal.App.4th 60, the court of appeals affirmed a trial court’s award of $44,621.28 in costs and expenses to a County related to preparation of the administrative record in a CEQA appeal. The petitioner in the CEQA action, who now had to pay the...
|Appellate Court Ruling on Oil and Gas Leases Appealed to Ohio Supreme Court|
Kohrman Jackson Krantz PLL;
November 14, 2014, previously published on Novemver 10, 2014On September 26, 2014, in Hupp v. Beck, the 7th District Court of Appeals in Ohio overturned the trial court’s decision that certain oil and gas leases in Monroe County, Ohio between landowners and Beck Energy Corporation (Beck) were void from their inception. On Friday, November 7, 2014, the...
|When Is the Presence of Lactobacillus Acidophilus an Occurrence Under a CGL Policy?|
Philip C. Babler; Foley Lardner LLP;
November 14, 2014, previously published on November 6, 2014In Wisconsin Pharmacal Co. v. Nebraska Cultures of California, No. 13AP613 (Wis. Ct. App. Oct. 29, 2014), the Wisconsin Court of Appeals analyzed the circumstances under which a supplier’s negligent provision of an incorrect ingredient to a manufacturer, where the ingredient renders the other...
|Direct Benefits Estoppel: 7th Cir. Explains How You Can Be Compelled To Arbitrate Without Agreeing To Do So|
Thomas L. Shriner; Foley Lardner LLP;
November 14, 2014, previously published on November 5, 2014Everyone knows that you can’t be compelled to arbitrate a dispute unless you’ve agreed to do so. But what everyone knows is sometimes wrong. There are situations in which a person has to arbitrate even though she didn’t sign an agreement to that effect. Generally, “a...
|Suing the State: Class Action or "Mass Action"|
Philip C. Babler; Foley & Lardner LLP;
November 12, 2014, previously published on October 31, 2014Wisconsin’s court of appeals recently clarified the extent to which class-action lawsuits may be brought against Wisconsin governmental entities in Townsend v. Neenah Joint School District, No. 13AP2839 (Oct. 22, 2014). Wisconsin cases have recognized the tension between the class-action...
|Wisconsin's Court of Appeals Rejects Municipality's "Fee in Lieu of Room Tax"|
Eric G. Pearson; Foley & Lardner LLP;
November 12, 2014, previously published on October 27, 2014Nothing in life might be certain but death and taxes, but a recent decision from Wisconsin’s court of appeals turned out to be an exception to that rule. In Bentivenga v. City of Delavan, No. 2014AP137 (Ct. App. Oct. 15, 2014), District II held that the City of Delavan could not require...
|Third District Applies Daubert Retroactively|
Sean M. McDonough; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 8, 2014, previously published on June 2, 2014Florida’s first appellate review under Daubert occurred in Perez v. Bell South Telecommunications, Inc., 39 Fla. L. Weekly D 685b (April 24, 2014). The Third District Court of Appeals became the first Florida appellate court to apply the Daubert standard to uphold a decision by a trial court,...
|Recent Appellate Decisions|
Jonathan P. Geen; Borton Petrini, LLP;
November 1, 2014, previously published on Fall 2014In the case of Reese v. Malone (2014) 747 F.3d 557, the Ninth Circuit reversed the part of a decision of the trial court that dismissed the plaintiff shareholders' putative class action which alleged that the corporation knowingly or with deliberate recklessness made false and misleading statements...
|Seventh Circuit Reminds Attorneys to Conduct “Reasonable Amount of Legal Research” Before Filing Claims|
Ryan N. Parsons; Foley & Lardner LLP;
October 30, 2014, previously published on October 20, 2014Under the federal civil rights statutes, plaintiffs who prevail ordinarily receive an award of attorneys’ fees that must be paid by the defendant. But, in order not to deter plaintiffs from filing such claims, the reverse is not true. Indeed, only in rare cases do courts award prevailing...
|Violation of OSHA Standards Now More Costly in Wisconsin|
Philip C. Babler; Foley & Lardner LLP;
October 28, 2014, previously published on October 16, 2014Last week, the Wisconsin Supreme Court resolved its first case of the year. It affirmed, by an equally divided court, the published opinion of the court of appeals in Sohn v. LIRC, 350 Wis. 2d 469. The Wisconsin Court of Appeals had earlier held that an employer was required to make the...