Court of Appeal

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- Courts of appeals

More than 10.000 documents for Court of Appeal

- Court Of Appeal Clarifies And Restates Test For Repudiatory Breach Of Contract.
Eminence Property Developments Ltd v Kevin Christopher Heaney [2010] EWCA Civ 1168 Is a party, who served a notice to complete making the time for c...
- Mondaq Business Briefing
- Nbr. 2011, January 2011
- Court of Appeal
A bank employee's disability discrimination claims against his employer under California's state employment law are preempted by the National Bank Act only to the extent that the state law's disability discrimination provisions exceed the requirements of the American with Disabilities Act, the California has ruled. A bank vice president filed suit against his former employer, alleging violations of California's state employment law. He claimed that he was denied an accommodation, harassed and terminated because he suffered from diabetes.
- Lawyers USA
- June 24, 2011
- Martinez v. Court of Appeal of Cal., Fourth Appellate Dist., 528 U.S. 152 (2000)
OCTOBER TERM, 1999 Syllabus MARTINEZ v. COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT CERTIORARI...
- U.S. Supreme Court

- Court of Appeal
A father may have good reasons to keep his children from seeing their grandmother. But a California court decided yesterday that one dad couldn't wield the constitutional rights of a fit parent in a petty effort to settle a personal score. Troxel commands the courts to presume that the surviving parent's objection to grandparent visitation is in the best interest of the children," said the California in Hoag v. Diedjomahor. "However, this does not mean that the surviving parent is free to use the denial of visitation as Big Bertha in his or her personal war with the grandparent.
- Lawyers USA
- October 25, 2011
- Court of Appeal
Police did not violate the Fourth Amendment when they tested a key recovered from a car in the front door lock of a shooting suspect's residence, the California has ruled in affirming a conviction. A police officer responding to a burglary call attempted to intercept a Volkswagen driving away from the scene. The officer pursued the Volkswagen when the passenger shot at her with a rifle. The Volkswagen stopped in front of a lot with two residences - one of which was allegedly the defendant's - and the car's occupants fled.
- Lawyers USA
- November 11, 2011
- English Court Of Appeal Interprets The ISDA Master Agreement.
Last week the Court of Appeal of England and Wales handed down its decision in four appeals which raise a number of questions of construction in relat...
- Mondaq Business Briefing
- Nbr. 2012, January 2012
- Summary Judgment: Five Appeals To The Ontario Court Of Appeal.
The Ontario Court of Appeal recently heard a number of cases dealing with Ontario's new summary judgement rules. In deciding these cases, we hope the ...
- Mondaq Business Briefing
- Nbr. 2011, January 2011
- Top 5 Civil Appeals from the Court of Appeal Last Month (October 2011).
Smith v. Inco Limited , 2011 ONCA 628 (Doherty, McFarland JJ.A., and Hoy J. ad hoc) October 7, 2011 McQueen v. Echelon General Insurance Company, 20...
- Mondaq Business Briefing
- Nbr. 2011, January 2011
- The Court Of Appeal Mediation Scheme - The Way Forward?
Background to the Scheme The Court of Appeal Mediation Scheme ("the Scheme") is an extension of a voluntary pilot mediation scheme that was introduc...
- Mondaq Business Briefing
- Nbr. 2012, January 2012
- California Court of Appeal
A home lender can be sued for fraud based on its alleged failure to clearly disclose the negative consequences when only the scheduled monthly payments are made on an adjustable rate mortgage loan, the has ruled in reversing a dismissal. The plaintiff obtained an option adjustable rate mortgage (ARM) loan from the defendant. He sued for fraud under state law, alleging that loan documents failed to adequately disclose that "negative amortization" occurred when he only made his monthly payments in accordance with the schedule provided by the defendant.
- Lawyers USA
- August 23, 2011