Sentences with phrase «circuit appellate decision»

Seyfarth Synopsis: The U.S. Supreme Court's decline of a Seventh Circuit appellate decision solidifies that where an employee is medically unable to return to work within a very short time period following a leave of absence, the employer has no additional federal legal obligation to provide additional leave, or hold the employee's job open.

Much in the D.C. Circuit appellate decision in Noel Canning v. National Labor Relations Board hinges on the «the» found in the Recess Appointments clause in Article Two of the US Constitution:

Not exact matches

Latin has finished construction of more than half of the $ 2 million artificial soccer field.The one - paragraph ruling from the appellate court says no construction or excavation can occur on the field until a decision is reached by the Cook County Circuit Court.

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

«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.

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.

ZUG, Switzerland; CAMBRIDGE, Massachusetts; BERKELEY, California; DUBLIN, Ireland; July 25, 2017 (GLOBE NEWSWIRE)-- CRISPR Therapeutics (NASDAQ: CRSP), Intellia Therapeutics, Inc. (NASDAQ: NTLA), Caribou Biosciences, Inc. and ERS Genomics, Ltd. announced that The Regents of the University of California, the University of Vienna, and Dr. Emmanuelle Charpentier (collectively «UC»), co-owners of foundational intellectual property relating to CRISPR / Cas9 genome engineering, today submitted an appellate brief to the U.S. Court of Appeals for the Federal Circuit (the «Federal Circuit») seeking reversal of a decision by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board («PTAB») in an interference proceeding relating to CRISPR / Cas9 gene editing technology.

Following a broadly structured decision by the 5th U.S. Circuit Court of Appeals to vacate the DOL fiduciary rule expansion, the National Association for Fixed Annuities decided its own appellate challenge has been made unnecessary.

The game makers are wrong to argue that the Federal Circuit should rehear the case because the appellate court panel allegedly created a «safe harbor» for technological ideas, as the court simply followed precedent for abstract claims as set by Alice Corp. v. CLS Bank International, a 2014 U.S. Supreme Court decision that held that abstract ideas implemented using a computer are not eligible for a patent, asserted McRO Inc. in its brief.

The underlying issue for an appeal is simple: the appellate court (AC), ie Court of Appeal; a High Court judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregularity.

The blog also provides free access to the Illinois Insurance Index, a database maintained by Jill Berkeley that summarizes all major appellate insurance coverage decisions in Illinois, the 7th U.S. Circuit Court of Appeals, and a few other jurisdictions, issued from 1986 through the present.»

«Focusing on New Jersey appeals, appellate law, and appellate practice, particularly regarding decisions and other actions of the Supreme Court of New Jersey, the Superior Court of New Jersey, Appellate Division, and the Third Circuit Court of Appeals.»

State Attorney General Luther Strange is pursuing the case through appellate courts where, most recently, the Alabama Circuit Court of Appeals overturned Judge Todd's decision.

Recent Criminal Law Decisions by Maryland and federal Fourth Circuit appellate courts (Blog - Jan. 27, 2018)

Relatedly, because the PTAB's determination of non-institution and redundancy will also be part of the final written decision, these determinations will now also be subject appellate review by the Federal Circuit.

A review of major patent appellate decisions over the last year by the U.S. Supreme Court and the Federal Circuit.

Sadly, one of these cases resulted in an unpublished appellate decision from the Ninth Circuit upholding the lower court.

While the Supreme Court's Markman decision usefully removed claim construction from the black box of jury deliberations notwithstanding its «mongrel» mixed fact / law character, the Federal Circuit's adherence to the view that claim construction is a pure question of law subject to de novo appellate review produced -LSB-...]

Moreover, as the Supreme Court explained, «a circuit court appellate decision made according to the forms of law and the rules prescribed for rendering it, although it may be erroneous in its conclusion as to what the law is as applied to facts, is not a departure from the essential requirements of law remediable by certiorari.»

«The Noel Canning decision conflicts with nearly two centuries of Executive Branch practice and the decisions of three other Courts of Appeals, two of them sitting en banc,» Beth Brinkmann, a top DOJ Civil Division appellate lawyer, said in the brief in the U.S. Court of Appeals for the Third Circuit.

And the related issue in Highmark v. Allcare Health Management Systems has to do with the standard of review the appellate court, the US Court of Appeals for the Federal Circuit, must apply when reviewing the district court's decision to grant or deny the award of fees.

«This favorable decision is the result of excellent work by our appellate attorneys and reflects the overall strength and experience of our appellate practice group,» said Joseph Hatchett, Chair of Akerman's appellate practice group, former Chief Judge of the United States Court of Appeals for the Eleventh Circuit and former Florida Supreme Court Justice.

2013 — Fresenius v. Baxter (Federal Circuit Court of Appeals) Significant appellate decision in patent infringement case for Fresenius, ending long - standing litigation which included reexamination by the PTO.

(With that decision, the Eleventh Circuit becomes the second federal appellate court to answer that question in the affirmative, with the Fifth Circuit having done so in 2013).

When, therefore, Congress enacts that this court shall have appellate jurisdiction over final decisions of the Circuit Courts in certain cases, the act operates as a negation or exception of such jurisdiction in other cases, and the repeal of the act necessarily negatives jurisdiction under it of these cases also.

The premise underlying the Federal Circuit's narrowing of Chenery — that agencies ought to be subject to the same rules for appellate review as litigants on appeal from the decisions of district courts — is fatally flawed.

How do I handle requests for such references?Thank you so much for your help!CherylCHERYL M. EARLE3407 Old Dobbin Road, Montgomery, Alabama 36116 - 1903Home Phone: [phone] Cell Phone: [phone] Fax: [phone] E-mail: [email protected] position managing legal discovery and document review with opportunity to assist attorneys with civil litigationBAR ADMISSIONAlabama State Bar, 1999LAW - RELATED EXPERIENCELaw Firm, AlabamaResearch Attorney for Special Projects, Mass Torts Department, November 2001 — February 2008 • Managed Multi-District Litigation (MDL) Document Depository (September 2002 to February 2008) o Reviewed more than 1 million pages of evidentiary documents for litigation purposes and for inclusion in electronic databaseso Coordinated document review assignments with attorneys at local depository and at other sites across the USo Retrieved, reviewed and coded documents in Concordance and Summation legal databaseso Prepared memoranda and spreadsheets providing detailed analysis of discovery materials • Aided attorneys and support staff with processing and preparation of personal injury claims and litigationo Conducted legal research and drafted pleadingso Conducted supplementary online research for additional documents and information pertinent to litigationo Assisted with preparation of correspondence to clients and referring attorneyso Contacted clients for additional information needed in case preparation, litigation, and potential settlementso Prepared and input case intakes and referrals into databaseLaw School, AlabamaStudent Intern, Alabama Disabilities Advocacy Program (ADAP), August 1996 — June 1997 • Participated in law school clinical program under third - year law student practice rule (as authorized by Alabama Supreme Court) o Assisted attorneys and advocates in cases involving mentally ill patients confined to state mental health facilitieso Interviewed clients in person (at state facilities) and over the phoneo Worked with clients, attorneys, and social workers to investigate and resolve issues concerning involuntary confinement and treatmento Aided in legal research on an appellate brief submitted to the U. S. Court of Appeals for the Eleventh Circuit (ruling granted in favor of our client) Faculty Research Assistant for Library Services, Bounds Law Library, March 1996 — June 1997 • Prepared research and teaching materials for law school faculty; worked 20 hours per week while matriculating 10 - 15 hours per semester) o Investigated copyright issues related to procuring and reproducing texts for academic useo Conducted legal research using WESTLAW, LEXIS and the InternetADDITIONAL RELEVANT EXPERIENCEManufacturing Company (MC), Montgomery, AlabamaAdministrative Assistant and Cost Analyst, Materials Purchasing Department, April 1999 — September 2001 • Assisted materials buyers in negotiating and preparing commodities contracts between raw materials suppliers and MC for manufacturing plants in the US and Mexicoo Assisted Legal Department at MC's corporate headquarters with coordination and preparation of documents for litigationo Notified and educated suppliers about MC's freight - on - board policy and its corresponding Uniform Commercial Code (UCC) provisions; result was the reduction of freight claims for both the company and its supplierso Prepared contracts and purchase orders for raw materials and capital projects involving plant maintenanceo Solicited price quotations from current vendors and established Excel spreadsheet format which simplified quote submission process and allowed MC to track and compare usage volumes and costs over timeo Prepared and analyzed cost reports used by materials buyers and production planners in purchasing decisions, including cost reductions, materials consolidation, and selection of vendorso Acted as liaison between vendors and the Purchasing, Transportation and Accounting Departments on issues concerning inbound freight, commercial carriers, and payment terms for commodities, resulting in reductions in freight costs and greater payment discounts for raw materialso Established online databases and printed directories for the Purchasing Department, allowing buyers to have easier and faster access to current vendor informationo Completed Year 2000 (Y2K) compliance project, which involved data collection and communication with MC's past, present, and potential materials suppliers and service providersNot - For - Profit Organization, AlabamaAdministrative Assistant, Combined Federal Campaign, September 1998 — January 1999 • Aided Campaign Director with 1998 Federal Campaigns (CFCs) in City 1 and City 2, which together generated nearly $ 700,000 for more than 1,000 local, national and international charitieso Prepared weekly reports on donations using WordPerfect, Microsoft Word, Excel and dBase IVo Wrote script for Talent Showcase at City 1's 1998 CFC Kickoffo Assisted Director with merger of the City 1 and City 2 CFCs in 1999Regional Bank, AlabamaAdministrative Assistant, Year 2000 (Y2K) Department, March — June 1998 • Worked with Vice President of Corporate Projects on short - term project for the bank's Y2K Departmento Analyzed and processed data on Y2K readiness for all branches of Bank throughout the southeastern USo Organized meetings for personnel of Banko Communicated with vendors of computer hardware, software, and office equipment to request information on Y2K complianceo Prepared compliance files for Federal Reserve auditso Prepared in - house memoranda and reports using Microsoft Word and ExcelRecord / Music Promotion Company, AlabamaRecord Pool Co-Founder; Office Manager, September 1990 — December 1991 • Co-founded record pool to enhance promotion of music in Alabama and the southeastern USo Procured and distributed records from major and independent labels for club, radio and mobile disc jockeyso Coordinated jointly sponsored promotional events with record companies, radio stations and clubso Designed, wrote, and published bi-weekly reports and brochures to inform the music industry of the progress and popularity of music and performers in the region, with specific focus on the Alabama music sceneMajor University, AlabamaGraduate Research Assistant, AUM Department of Marketing, June 1989 — August 1990 • Worked 13 - 20 hours per week as a research assistant to Marketing faculty while carrying a full course load in the MBA programo Analyzed consumer surveys used in academic researcho Assisted Conference Chairperson with coordination for Atlantic Marketing Association (AMA) annual meeting (October 1989) o Co-authored five - year index and classification of AMA Proceedings (published Fall 1991) EDUCATIONLaw School, AlabamaJuris Doctor (JD), 1997 • Scholarshipso Seybourn H. Lynne Scholarship, 1996 - 97o Dexter C. Hobbs Memorial Scholarship, 1995 - 96o E. W. Godbey Memorial Scholarship, 1994 - 95 • Honorso Who's Who Among American Law School Students, 1996 - 94o Arthur Davis Shores Award, 1997 • Activitieso Frederick Douglass Moot Court Team Manager, 1996 - 97 Southern Regional Competition, Second Place National Competition, Eighth Placeo John A. Campbell Moot Court Competition, Spring 1996o Black Law Students Association Delegate, BLSA National Convention, 1997 Co-Chairperson, Public Relations Committee, 1996 - 97 Chairperson, Public Relations Committee, 1995 - 96 BLSA President's Award, 1996 and 1997o American Bar Association, 1996 - 97 Entertainment and Sports Industries Forum Intellectual Property Section Law Student Divisiono LAWS Student Group Leader, 1995 - 96Major University, AlabamaMaster of Business Administration (MBA), 1990Bachelor of Science in Business Administration (B.S.B.A.), 1988 (Major: Marketing — Advertising and Promotion Track) • Honorso Dean's List • Activitieso National Student Advertising Competition Team, 1988 - 90 Seventh District Competition: Third Place, 1990o Marketing Club, 1987 - 90 Vice President — Career Development, 1988 - 89o Public Relations / Advertising (PR / AD) Club, 1988 - 90 Charter Member, 1988 Active in fund - raising and membership driveso Theater Guild, 1988 - 90 Screening Committee, 1989REFERENCESAvailable upon request

The decision by the Supreme Court to review the 6th Circuit decision is a big setback for the Obama administration, which has sought to keep the litigation in the appellate court and avoid fights in district courts that might be more sympathetic to challengers of the rule.

The decision, rendered by the 8th U.S. Circuit Court of Appeals, applies to only seven Midwestern states (Minnesota, Missouri, Iowa, Arkansas, Nebraska, North Dakota, and South Dakota), but according to Harney, it follows on the heels of two similar appellate court decisions covering an additional eight states (Maryland, Virginia, North Carolina, South Carolina, West Virginia, Illinois, Wisconsin, and Indiana).