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Search Results (462) Documents on Appellate Practice, Government Show: results per page Sort by:  | Government Agencies Cannot Amend Their Rules Through Litigation Settlements
Douglas J. Behr, Arthur S. Garrett, Robert S. Niemann, Jacquelyn L. Thompson; Keller and Heckman LLP;
Legal Alert/Article May 23, 2013, previously published on May 20, 2013 A federal appellate court recently ruled that government agencies cannot change agency rules through litigation settlements, thereby avoiding notice and comment rulemaking. The court's decision, if followed by other courts, will limit government agencies' flexibility in settling legal challenges to...
|  | What Does “House” Mean in Government Leases? It All Depends on the Context, Says the Court of Final Appeal in Fully Profit.
Fun Kuen Au, Pheona S. Y. Chow; Mayer Brown JSM;
Legal Alert/Article May 21, 2013, previously published on May 20, 2013 The Court of Final Appeal (“CFA”) handed down its long-awaited decision in Fully Profit (Asia) Limited vs. The Secretary for Justice for and on behalf of the Director of Lands (FACV 17/2012) on 13 May 2013. The appellant Fully Profit owns a site at Nam Kok Road, Kowloon City, comprising...
| | Pitchess Motions
Paul A. Cappitelli, G. Ross Trindle; Best Best & Krieger LLP;
Legal Alert/Article May 15, 2013, previously published on May 10, 2013 Overview: A California appellate court recently ruled that, during the in camera review of peace officer personnel files following a Pitchess motion, the reviewing court must examine the actual records brought by the custodian of records and not rely simply on the custodian’s opinion or...
| | California Supreme Court Recognizes Local Authority in Medical Marijuana Case
Jeffrey V. Dunn; Best Best & Krieger LLP;
Legal Alert/Article May 9, 2013, previously published on May 7, 2013 In an unanimous opinion, the California Supreme Court has upheld local laws that regulate or prohibit medical marijuana dispensaries.
| | Custodial Arrest Based on Infraction
Paul A. Cappitelli, G. Ross Trindle; Best Best & Krieger LLP;
Legal Alert/Article April 22, 2013, previously published on April 22, 2013 Overview: The Ninth Circuit Court of Appeals recently ruled that police could not take into custody a person cited for an infraction unless the arrestee has no satisfactory identification, refuses to provide a fingerprint, or refuses to sign a written promise to appear in court. California Penal...
| | The Fourth Circuit Suspends Statutes Of Limitations On False Claims Act Claims During Times Of War And Holds That The “First To File” Rule Does Not Apply Once Initial Action Has Been Dismissed
Connie N. Bertram, Amy L. Blackwood; Proskauer Rose LLP;
Legal Alert/Article April 4, 2013, previously published on April 2, 2013 In United States ex rel. Carter v. Halliburton Co., No. 12-1011 (4th Cir. Mar. 18, 2013), the Fourth Circuit held that the statute of limitations for False Claims Act claims is suspended during times of war. The court also held that the rule barring a False Claims Act plaintiff (a...
| | Seventh Circuit Clarifies How to Treble Damages under the FCA
Jeremy D. Kernodle, Nicole Somerville; Haynes and Boone, LLP;
Legal Alert/Article April 1, 2013, previously published on March 27, 2013 The Seventh Circuit recently reversed a $2.7 million damages award against a mortgage company accused of lying in applications for federal loan guarantees. See United States v. Anchor Mortg. Corp., 2013 WL 1150213 (7th Cir. Mar. 21, 2013). The court found that the district court improperly...
| | Trial Court’s Reduction of Jury Award to Nominal Damages Affirmed by Fourth Circuit
Eric M. Leppo; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article March 22, 2013, previously published on March 2013 In this recently issued per curiam opinion from the U.S. Court of Appeals for the Fourth Circuit, the Court affirmed the U.S. District Court’s reduction of the jury’s award for Plaintiff’s employment retaliation claim.
| | Court of Appeals Upholds New York City Flavor Ban
Bryan M. Haynes; Troutman Sanders LLP;
Legal Alert/Article March 22, 2013, previously published on March 19, 2013 On February 26, 2013, the United States Court of Appeals for the Second Circuit affirmed the Southern District of New York’s ruling upholding a New York City local ordinance that prohibits the sale of flavored tobacco products, including smokeless tobacco, anywhere in the city other than at...
| | US Appellate Courts Begin Dissecting Criminal Customs Violations
Kelly B. Kramer, Sydney H. Mintzer; Mayer Brown LLP;
Legal Alert/Article March 19, 2013, previously published on March 14, 2013 There has been an increasing trend toward the criminalization of customs violations in the United States, with a greater number of cases being referred to the US Department of Justice for criminal prosecution. However, as some of these cases have reached the US appellate courts, questions are being...
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