Sentences with phrase «circuit decision finds»

Not exact matches

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.

«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.»

«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.

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 athletics.

«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 said.

The Sixth Circuit's decision is a hopeful sign, however, that the federal courts will not find the strained free - speech arguments compelling.

Today's decision, a reversal of an earlier ruling by the 9th Circuit, found that the respondents had no right to sue to stop the AZ program because they have not been harmed by it.

While it still reversed the district court dismissal and remanded the case back to the court, in its most recent decision, the 9th Circuit based its discussion on the U.S. Supreme Court's finding in Dudenhoeffer that there is no presumption of prudence for employee stock ownership plan fiduciaries beyond the Employee Retirement Income Security Act (ERISA) exemption from the otherwise applicable duty to diversify.

The holder of software patents for lip - sync animation technology urged the Federal Circuit on Wednesday to not rehear its September decision that found the asserted claims patent - eligible under Alice, arguing that Electronic Arts and other gaming companies are trying to gin up a...

I took a few days off last week and was disappointed to return and find that the 1st U.S. Circuit Court of Appeals had issued a decision barring the webcasting of a hearing in a recording industry file - sharing case pending in federal court in Boston.

Work highlights Represented Impression Products against Lexmark in the Supreme Court to reverse a Federal Circuit decision which had found a patentee may impose patent - based post-sale restrictions on an article's use or resale regardless of the patent exhaustion doctrine and that foreign sales do not exhaust US patent rights.

2016), the Federal Circuit recently affirmed a district court's decision declining to grant attorney's fees because «there was nothing obviously unreasonable» about the losing litigant's position, which the district court found to be «non-frivolous.»

He relied on a 1992 decision, Mattoon v. City of Pittsfield, by the 1st Circuit at Boston, which also found that the Safe Drinking Water Act precludes civil rights lawsuits resulting from water contaminations.

The Federal Circuit found no error in the TTAB's decision to disregard this survey and decide in favor of the common usage of the word hotel.

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:

The 1st Circuit found possible evidence of unlawful discrimination in comments by those who made the promotion decision — particularly Chadwick's supervisor, Nanci Miller, the primary decisionmaker.

Finding that conflicting decisions within the 2nd Circuit had left the Rule 23 standard unsettled there, the opinion conducted an in - depth review of case law on the issue, including Sotomayor's Visa Check case.

The beginning of the post refers (without linking) to an earlier post on the same topic: «Last year in this blog we reported on a decision by the United States Court of Appeals for the Seventh Circuit finding that inherited IRAs were not «retirement funds» exempt from claims of creditors in bankruptcy.»

These include: United States v. Resendiz - Ponce, which presents the question whether the omission of an element from a federal indictment can constitute harmless error (9th Circuit says no); Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., on whether a provider of pay phone services can sue a long distance carrier for alleged violations of the Federal Communications Commission's regulations concerning compensation for coinless pay phone calls (9th Circuit says yes); Cunningham v. California, a sentencing case involving whether whether California's Determinate Sentencing Law violates the 6th and 14th amendments to the U.S. Constitution by permitting California state court judges at sentencing to impose enhanced sentenced based on their determination of facts neither found by the jury nor admitted by the defendant; and Carey v. Musladin, reviewing the 9th Circuit's decision to overturn a murder conviction of a defendant who claimed he was denied a fair trial because the victim's relatives appeared in court wearing buttons with the deceased's picture on them.

The Court reversed a Ninth Circuit Court of Appeals» decision, which found that service advisors were non-exempt employees who were eligible for overtime pay.

In a decision last week, the Portsmouth Circuit Court sided with Hunter, overturning the finding of misconduct under Rule 1.6, which governs confidentiality of client information.

To illustrate the problem with accusing judges of bias, given the term's various meanings, the article focuses on recent federal litigation over NYC police stop - and - frisk policy in which (1) the district judge found «implicit bias» in police practices based on accumulated evidence and expert analysis, (2) the Second Circuit found that the district judge engaged in disqualifying judicial bias because of her comments in a prior related lawsuit and in the media, and (3) critics accused the Second Circuit of bias in making decisions that were hard to justify on either procedural or substantive grounds.

On January 20, 2015, the U.S. Supreme Court handed down its first patent decision of the current term, rejecting the U.S. Court of Appeals for the Federal Circuit's long - standing practice of reviewing district court patent claim construction rulings, including subsidiary findings, without deference.

The case then went forward and Judge Chin ultimately issued his decision of finding that there were no copyright violations and that brought the case to the Second Circuit.

In DSS, the Federal Circuit considered two inter partes review decisions finding claims of a patent owned by DSS unpatentable for obviousness.

It is often the duty of this court, after having decided that a particular decision of the Circuit Court was erroneous, to examine into other alleged errors and to correct them if they are found to exist.

The decision was upheld on appeal to the Federal Circuit and, subsequently, the case was found to be exceptional, and Intellect Wireless and its litigation counsel were held jointly and severally liable for HTC's attorney fees and costs.

On Tuesday, May 29, 2012, the United States Supreme Court granted certiorari from the Tenth Circuit's decision in Marx v. General Revenue Corp., U.S. No. 11 - 1175, to determine whether a prevailing defendant can be awarded routine costs (not attorney's fees) against a losing plaintiff in a Fair Debt Collection Practice Act (FDCPA) case where the plaintiff was found to have brought the suit in good faith.

«We can not find any basis in statute or case law for extending a copyright beyond its expiration,» U.S. Circuit Judge Richard Posner wrote in the appeals court's decision.

Commissioners file findings of fact and recommendations with the circuit judge based on the evidence presented at a hearing, and the circuit judge makes the final decision as to appointment.

In finding that the APIs were entitled to protection, the Oracle court based its decision on the belief that the Ninth Circuit would find the APIs copyrightable, because there was more than one way to express them.

Here, that denial continues as the Federal Circuit has vacated Judge Kozinski's decision — finding that Judge Kozinski erred in his claim construction that resulted in a non-infringement determination.

On May 9, 2014, the Federal Circuit issued a disastrous decision reversing Judge Alsup and finding that the Java APIs are copyrightable, but leaving open the possibility that Google might have a fair use defense.

The FTC affirmed the ALJ's decision, and the U.S. Court of Appeals for the Ninth Circuit upheld the FTC decision, finding that «the CDA has sufficient market power to harm competition through issuance of guidelines and that the guidelines at issue restrict competition.»

The Fourth Circuit addressed the district court's decision for Whitesell and found that the jury's decision was based on a belief that Crigler acted outside the scope of her employment.

The court found no similar decisions within its circuit, and so the court sought guidance from other jurisdictions who had considered this issue.