Standard of review used at the appellate level to review a trial court's decision, where the court asks whether there exists substantial evidence to support the findings of the court below.
civil procedure
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A summary judgment is a judgment entered by a court for one party and against another party without a full trial.
OverviewIn civil cases, either party may make a pre-trial motion for summary judgment.
Rule 56 of the Federal Rules of...
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A pleading that sets forth transactions or occurrences or events which happened since the date of the pleading, with the purpose of supplementing it. The court may permit these through motion. Even if the original pleading was defective, it may still...
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Temporary restraining orders (TRO) are short-term pre-trial temporary injunctions. To obtain a TRO, a party must convince the judge that he or she will suffer immediate irreparable injury unless the order is issued. If the judge is convinced that a...
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A determination in a judicial proceeding of facts or issues brought before it in accordance with jurisdictional authorities.
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Respondent Executive Health Resources, Inc. (“EHR”) is a “physician advisor” company that certifies health care services as having been properly billed for Medicare reimbursement. Polansky v. Exec. Health Res. at 380–81. EHR’s consultant physicians...
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Unitherm Food Systems ("Unitherm"), a manufacturer and supplier of food processing machinery, sued Swift-Eckrich, doing business as ConAgra Refrigerated Foods ("ConAgra"), for defrauding the Patent Office, misrepresenting itself to Unitherm, improperly...
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Petitioner Wachovia Bank National Association ("Wachovia") is a national banking association with its main office in Charlotte, North Carolina. Respondent Daniel Schmidt is a citizen of South Carolina who used Wachovia as his personal and business...
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Water Splash, Inc. is a Delaware corporation with its principal place of business in Champlain, New York. Menon v. Water Splash, Inc., No. 14-14-00012-CV at 2 (14th Cir. 2016). Water Splash sued Tara Menon, a citizen of Canada residing in Quebec, in...
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Petitioner Terry Whitman ("Whitman") was employed as an air traffic controller at the Federal Aviation Administration's ("FAA") Anchorage Air Route Traffic Control Center. Brief of the Petitioner at 8-9. As part of his employment, under...