Tag Archives: Affirms

Fifth Circuit Court of Appeals Affirms Denial of Claimant’s Right to Future LHWCA Benefits

A recent case decided by the Fifth Circuit Court of Appeals, Parfait v. Director, OWCP and Performance Energy Services, has affirmed the denial of Claimant’s right to future benefits under the Longshore & Harbor Workers’ Compensation Act (LHWCA). Background – Claimant … Continue reading

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Federal Appellate Court Affirms Summary Judgment in Favor of Defendant under Daubert Standard

A federal appellate court recently issued an opinion in a personal injury case that was appealed by a plaintiff after the district court excluded the plaintiff’s expert witness testimony. The case is important for New Mexico personal injury plaintiffs, because … Continue reading

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Marijuana, mandatory minimums and jury nullification, oh my: split Ninth Circuit affirms panel federal convictions, though remands to address DOJ spending rider

A big, long and split decision by a panel of the Ninth Circuit yesterday in US v. Lynch, No. 10-50219 (9th Cir, Sept. 13, 2018) (available here), prompted the weak "Wizard of Oz" reference in the title of this post. … Continue reading

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11th Circuit Affirms Order To Remove Cross From Park, But Expresses Disagreement Precedent

In Kondrat'Yev v. City of Pensacola, (11th Cir., Sept. 7, 2018), a 3-judge panel of the 11th Circuit Court of Appeals, feeling bound by prior 11th Circuit and Supreme Court precedent, affirmed a Florida district court's Establishment Clause decision ordering … Continue reading

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Applying prior, more restrictive, version of grandparent visitation statute, Court of Appeals still affirms award of grandparent visitation

The September 5, 2018 Court of Appeals opinion in Grantham v. Weatherford addresses the application of South Carolina’s Grandparent Visitation Statute, S.C. Code § 63-3-530(A)(33). However, while granting maternal grandparents (Grandparents) visitation with their grandchildren, it does so under the … Continue reading

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