The success of that case will depend on whether the lower court
is convinced that the actions of Officer Chavez were so egregious that they were unjustified by the government's interest in obtaining a statement from a critically injured victim of a police shooting.
Lawyers for the insurance companies stressed the lower courts
ruling and argued that a verbal intent to negotiate an insurance contract does not negate the one already in place.
When the Supreme Court in the 1989 Patterson case sharply limited the use of the Civil Rights Act of 1966 to remedy private workplace discrimination, lower courts
followed its example by dismissing more than 300 pending claims and reversing a number of judgments already won by plaintiffs.
At the lower court
, AU attorney Ayesha Khan was able to prove that Regent includes its fundamentalist Christian perspective in all classes and other educational activities, based on Regent documents AU had obtained.
Although the Federal Circuit followed the Court of Federal Claims in holding that the bargain-purchased inventory must be accounted for separately from subsequently purchased similar goods, it reversed the lower court
on the question of basis by deciding that the base-year cost of the bargain-purchased goods was the acquisition cost, not the FMV.
However, the lower courts
eventually granted absolute immunity to the prosecutor, who refused to settle, for all of his activities in the case.
The lower court
said that ``past publicity about releases of potentially hazardous substances from the Rocketdyne facilities should have led'' many of the plaintiffs to suspect that the defendants caused their injuries prior to the first UCLA study being released, according to Wednesday's ruling.
She lost her case before a lower court
January 30 but learned in April that the Georgia court of appeals will hear the case, probably in the fall.
20 addressing both lawsuits, the New York Court of Appeals upheld lower court
rulings that the companies' defense is enough to "absolve" them of fraud in the sense that they purposely misrepresented facts about the policies.
A lower court
agreed that the religious nature of the meetings would violate Warner's rights as an atheist but awarded him only $1 in damages.
The state's highest court has reversed a long-standing lower court
policy to summarily dismiss law suits where the residential tenants could not prove their assailant was an uninvited intruder.