Requirements of Appellate Judges
“Summary judgment is granted as a matter of law. Therefore, the Appellate Court must review the facts anew, in favor of the non-moving party. Ashton v. Cory, 780 F.2d 816 (9th Cir. 1986).”
“We review the district court's grant of judgment on the pleadings de novo, taking all material allegations of the non-moving party as true and construing them in the light most favorable to that party. Judgment on the pleadings will not be granted unless “the allegations of the complaint itself clearly demonstrate that plaintiff does not have a claim.” Wright & A. Miller, Federal Practice & Procedure § 1357, at 604. (Sinaloa Lake Owners Association v. City of Simi Valley, 864 F.2d 1475 (9th Cir 1989).
In Matter of McLinn, 739 F.2d 1395 (9th Cit 1984 ), the three judge panel held that “to give less than full independent de novo review of the state law determinations of the district courts would be an abdication of our appellate responsibility. Every party is entitled to a full, considered, and impartial review of the decision of the trial court. We review questions of fact under the clearly erroneous standard and we review conclusions of law de novo. There is no justification for being less thorough, for abdicating any portion of our appellate responsibility, or for curtailing the parties' appellate rights simply because the law involved is state law. The parties are entitled to the same careful, independent consideration of the issues of law by the appellate court whether the case involves state law or federal law.”
Free books. For a listing of the books written by former government insiders on the continuing history of corrupt activities responsible for a continuing series of human tragedies, and to download at no charge segments of each of the books, click here.
These books are now the latest attempt by a coterie of lawyers and judges seeking to remove from public availability the books that expose their own complicity in the many areas of corrupt activities.
Email address for the author and activist against corruption in government: stich@unfriendlyskies.com.
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