Sentences with phrase «circuit court decision in»

Attorneys for Zillow filed a motion late last week asking the judge to grant summary judgment in its favor as a matter of law — referring to a recent 9th Circuit Court decision in the case Perfect 10 Inc. v. Giganews Inc. — before the jury is permitted to issue a verdict.

California must assert its right to regulate industrial hemp as permitted by the U.S. Constitution, the U.S. Congress and the 2004 9th U.S. Circuit Court decision in HIA v. DEA.

Winner cited a 2004 circuit court decision in Ohio (ACLU v. Taft) that ruled the federal need for representation should trump state law in certain circumstances.

Not exact matches

«While we had significant victories in the federal district courts in New York and Boston and the Second Circuit Court of Appeals, the reversal of the Second Circuit decision in June by the U.S. Supreme Court has proven difficult to overcome,» Kanojia conceded in a blog post titled «The «Next Chapter.»

The ITC's decision came as the two companies faced off in the U.S. Court of Appeals for the Federal Circuit in Washington.

In his decision today, Judge Thomas B. Griffith, a George W. Bush appointee for the U.S. Court of Appeals for the D.C. Circuit, writes:

In a decision released by the Baltimore Circuit Court, Judge Martin P. Welch wrote that the 35 - year - old was being granted a new trial because his initial council failed to properly cross-examine an expert from the state about the reliability of cell tower data that seemed to place him at the scene of the crime.

The district appealed, and in late May, the 7th US Circuit Court of Appeals affirmed the lower court order in a landmark decision for LGBTQ riCourt of Appeals affirmed the lower court order in a landmark decision for LGBTQ ricourt order in a landmark decision for LGBTQ rights.

The filing also argues that the 9th Circuit made the test for defeating a trademark too strict, and that it should — based on an older decision by a different appeals court — instead have simply looked at how most people use the word in question.

The 2nd U.S. Circuit Court of Appeals said its ruling stemmed from a 2008 decision in which it held that Cablevision Systems Corp. could offer a remote digital video recording service without paying additional licensing fees to broadcasters because each playback transmission was made to a single subscriber using a single unique copy produced by that subscriber.

On March 15, 2018, the Fifth Circuit Court of Appeals invalidated the Department of Labor's («DOL») Fiduciary Rule in a 2 - 1 decision.

The Fifth Circuit's 2 - 1 decision came down March 15, reversing several losses by industry opponents in courts from Kansas to Washington, D.C.

That petition challenges a U.S. Court of Appeals for the Ninth Circuit decision that, as the Cato Institute, Reason Foundation, and a group of law professors explained in a supporting amicus brief, exacerbates a «system» already «stacked in favor of the government.»

Second, it could simply ask the fifth circuit court to reconsider its decision, in which all the judges would review the rule again.

The first line of cases began with In re Daou Sys., where the Ninth Circuit reversed a district court's decision dismissing a Section 10 (b) action on the ground that the plaintiffs had not alleged any disclosures that defendants were engaging in improper accounting practiceIn re Daou Sys., where the Ninth Circuit reversed a district court's decision dismissing a Section 10 (b) action on the ground that the plaintiffs had not alleged any disclosures that defendants were engaging in improper accounting practicein improper accounting practices.

In Rosenberger v. the Rector and Visitors of the University of Virginia it reviewed a decision of the U.S. Court of Appeals for the Fourth Circuit which had held that though the University (a state entity) could fund....

In an important decision handed down last week, the 10th Circuit Court of Appeals rebuked Colorado for its handling of a number of state scholarships programs.

For my good friends at the Georgia Family Council, I wrote a post on a recent decision by the 11th Circuit Court of Appeals in Jennifer Keeton's suit against faculty and administrators in the graduate counseling program at Augusta State University.

In Christian Echoes National Ministry, Inc. v. U.S., the Tenth Circuit Court addressed what the Walz decision had sidestepped, and held that «tax exemption is a privilege, a matter of grace rather than a right.»

And, indeed, this was done in the decision of the U.S. Court of Appeals for the Ninth Circuit that declared the Washington State law prohibiting physician - assisted suicide to be unconstitutional on the grounds that it violated the guarantee of personal liberty in the Fourteenth Amendment to the Constitution.

The court's ruling was a backhanded decision that favored the theater circuit but added that if the city were to improve its system, such cases might be decided in its favor in the future.

Today, the United States Supreme Court is hearing oral arguments in the state of California's appeal of a Ninth Circuit decision declaring unconstitutional a statute enacted in that state which restricted minors» access to graphically violent video games....

In Compassion in Dying v. Washington, Ninth Circuit Judge Reinhardt literally dared the Supreme Court to reverse Hardwick v. Bowers (the five» to» four decision in 1986 that upheld Georgia's statute against sodomyIn Compassion in Dying v. Washington, Ninth Circuit Judge Reinhardt literally dared the Supreme Court to reverse Hardwick v. Bowers (the five» to» four decision in 1986 that upheld Georgia's statute against sodomyin Dying v. Washington, Ninth Circuit Judge Reinhardt literally dared the Supreme Court to reverse Hardwick v. Bowers (the five» to» four decision in 1986 that upheld Georgia's statute against sodomyin 1986 that upheld Georgia's statute against sodomy).

filed an emergency petition to U.S. Supreme Court to stop the Ninth Circuit Court of Appeal's premature move requiring same - sex «marriage» licenses in California, weeks before the Supreme Court's decision even goes into effect.

The court voted to strike down the Defense of Marriage Act and remand the decision of the Ninth Circuit in the Proposition 8 case, holding that California's Proposition 8 defenders didn't have standing.

Overturning a lower court's decision that ruled that the laws unconstitutionally limited access to abortion in the state, New Orleans - based 5th Circuit Court of Appeals judges wrote, «on its face does not impose an undue burden on the life and health of a woman.&rcourt's decision that ruled that the laws unconstitutionally limited access to abortion in the state, New Orleans - based 5th Circuit Court of Appeals judges wrote, «on its face does not impose an undue burden on the life and health of a woman.&rCourt of Appeals judges wrote, «on its face does not impose an undue burden on the life and health of a woman.»

The Supreme Court's denial of certiorari lets stand an August 2010 decision by the Ninth Circuit Court of Appeals in favor of World Vision and against three employees who were fired after the organization concluded that they did not believe that Jesus Christ is fully God.

The current FCC majority may reject such petitions, but the petitioners have standing to challenge an FCC decision in the U.S. Circuit Court of Appeals, where adherence to the law may be expected.

The Court's own case law shows that in order to maintain the abortion right at the level of fundamental law, many other sectors of the states» legal order, at both statutory and common law, need to be altered: family law, marriage law, laws regulating the medical profession, and, as we now see with the recent circuit court decisions, criminal laws prohibiting private use of lethal fCourt's own case law shows that in order to maintain the abortion right at the level of fundamental law, many other sectors of the states» legal order, at both statutory and common law, need to be altered: family law, marriage law, laws regulating the medical profession, and, as we now see with the recent circuit court decisions, criminal laws prohibiting private use of lethal fcourt decisions, criminal laws prohibiting private use of lethal force.

WASHINGTON, DC — Today the Grocery Manufacturers Association (GMA), as part of a coalition of food, farm and oil industry groups, filed a petition with the U.S. Supreme Court asking that it reverse the DC Circuit Court's August 2012 decision to dismiss its challenge to the Environmental Protection Agency's (EPA) decision to allow gasoline containing 15 percent ethanol («E15») to be sold for cars manufactured in the 2007 model year or later.

Wednesday's decision to move the case by U.S. District Judge Karen Schreier in Sioux Falls, South Dakota, is a defeat for ABC News, a unit of Walt Disney Co, and returned the lawsuit by Beef Products Inc (BPI) and two affiliates back to the Union County Circuit Court in that state.

In the meantime, lawyers for the state, the City of Chicago and the Park District will argue in legal briefs whether a long - term delay should be imposed while the Appellate Court considers a full appeal of a Cook County Circuit Court decision rejecting Edgar's attempts to take over MeigIn the meantime, lawyers for the state, the City of Chicago and the Park District will argue in legal briefs whether a long - term delay should be imposed while the Appellate Court considers a full appeal of a Cook County Circuit Court decision rejecting Edgar's attempts to take over Meigin legal briefs whether a long - term delay should be imposed while the Appellate Court considers a full appeal of a Cook County Circuit Court decision rejecting Edgar's attempts to take over Meigs.

A circuit court judge's decision in favor of the sale was then appealed by the group, according to the documents.

Especially when one takes into consideration that a 4 - 4 SCOTUS tie leaves the federal circuit appellate court's decision in place.

The Second Circuit found that a new Supreme Court decision narrowing public corruption laws in a case involving former Virginia Gov. Robert McDonnell required different instructions than those used by Manhattan U.S. District Judge Valerie Caproni.

The 2nd U.S. Circuit Court of Appeals found that there was sufficient evidence to convict the veteran legislator in two corruption schemes, but jury instructions didn't comply with a new Supreme Court decision narrowing the type of acts required of public officials in a quid - pro-quo bribery scheme to formal exercises of government power.

But what really hurts in this decision is that the Ninth Circuit vacated all of the lower courts finding.

In August 1987, under FCC Chairman Dennis R. Patrick, the FCC abolished the doctrine by a 4 - 0 vote, in the Syracuse Peace Council decision, which was upheld by a panel of the Appeals Court for the D.C. Circuit in February 1989, though the Court stated in their decision that they made «that determination without reaching the constitutional issue.&raquIn August 1987, under FCC Chairman Dennis R. Patrick, the FCC abolished the doctrine by a 4 - 0 vote, in the Syracuse Peace Council decision, which was upheld by a panel of the Appeals Court for the D.C. Circuit in February 1989, though the Court stated in their decision that they made «that determination without reaching the constitutional issue.&raquin the Syracuse Peace Council decision, which was upheld by a panel of the Appeals Court for the D.C. Circuit in February 1989, though the Court stated in their decision that they made «that determination without reaching the constitutional issue.&raquin February 1989, though the Court stated in their decision that they made «that determination without reaching the constitutional issue.&raquin their decision that they made «that determination without reaching the constitutional issue.»

«It is not clear beyond a reasonable doubt that a rational jury would have reached the same conclusion if properly instructed, as is required by the law for the verdict to stand,» Jose Cabranes of the Second Circuit Court of Appeals decision said in his decision.

The two men will remain free on bail — potentially for months — until the Second Circuit US Court of Appeals makes its decision in their case.

«Although finding that the Supreme Court's McDonnell decision issued after Silver's conviction required a different legal instruction to the jury, the Second Circuit also held that the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard,» Kim's statement reads, in part.

«While we are disappointed in the decision and will weigh our appellate options, we look forward to a prompt retrial where we will have another opportunity to present the overwhelming evidence of Dean Skelos and Adam Skelos's guilt and again give the public the justice it deserves,» Acting US Attorney Joon H. Kim announced Tuesday following the circuit court's decision.

The Second Circuit Court of Appeals on Thursday threw out the 2015 conviction of former New York State Assembly Speaker Sheldon Silver on honest services fraud because the charge to the jury did not comport with the Supreme Court's 2016 decision in the case of former Virginia Gov. Bob McDonnell, which narrowed the definition of an «official act.»

The 2nd Circuit tossed out the conviction, citing the legal rationale in a recent Supreme Court decision that reversed the public corruption conviction of Virginia Republican ex-Gov.

The 2nd Circuit tossed out his public corruption conviction in July, citing a recent Supreme Court decision.

The decision from the Second Circuit Court of Appeals was sparked by the U.S. Supreme Court's decision in the case of former Virginia Gov. Bob McDonnell, whose conviction was overturned by the nation's highest court in a ruling that narrowed the definition of the types of official acts that could be considered as part of quid pro quo arrangemCourt of Appeals was sparked by the U.S. Supreme Court's decision in the case of former Virginia Gov. Bob McDonnell, whose conviction was overturned by the nation's highest court in a ruling that narrowed the definition of the types of official acts that could be considered as part of quid pro quo arrangemCourt's decision in the case of former Virginia Gov. Bob McDonnell, whose conviction was overturned by the nation's highest court in a ruling that narrowed the definition of the types of official acts that could be considered as part of quid pro quo arrangemcourt in a ruling that narrowed the definition of the types of official acts that could be considered as part of quid pro quo arrangements.

However, the travel ban, which is currently on hold because of a decision by the federal 9th Circuit Court of Appeals, has other elected officials in the county, specifically Democrats, worried about Astorino's support for the ban and that it does in fact unfairly target Muslims.

The Second Circuit U.S. Court of Appeals in Manhattan overturned Silver's 2015 conviction in a ruling that cited a U.S. Supreme Court decision last year that narrowed the definition of bribery.

In a decision released Tuesday, the 2nd U.S. Circuit Court of Appeals found that competitive cheerleading does not yet meet the standards of a varsity sport under Title IX, the 1972 federal law that mandates equal opportunities for men and women in education and athleticIn a decision released Tuesday, the 2nd U.S. Circuit Court of Appeals found that competitive cheerleading does not yet meet the standards of a varsity sport under Title IX, the 1972 federal law that mandates equal opportunities for men and women in education and athleticin education and athletics.

Silver was convicted of using his political influence for political favors; the conviction was tossed last summer, when appellate judges in the 2nd Circuit ruled that the definition of «official acts» had been changed by a previous Supreme Court decision in the public corruption case of former Virginia Governor Bob McDonnell.