Eugene Volokh reports on a recent Ninth
Circuit ruling in the case of Williams v. Cavazos in which a juror, who was reluctant to convict, was dismissed in the middle of deliberations: Dismissing a Holdout Juror in the Middle of Deliberations Because «His Mind Is Bent... Against the Prosecution»
Not exact matches
Separately on Tuesday, a judge for the U.S. Federal Court of Appeals for the Fourth
Circuit,
ruled narrowly
in favor of the subsidies
in a
case called David King.
In a recent court
case, the 9th
Circuit Court of Appeals
ruled that the Department of Justice is prohibited from using federal funds to prosecute businesses who operate within state laws regarding medical marijuana.
Last week, AARP filed an appeal of the Fifth
Circuit ruling, while New York, Oregon and California filed a motion asking the court for permission to rehear the
case in front of the full panel of judges — known as an en banc review.
«The Movants have had ample opportunity to intervene
in the multiple
cases challenging the so - called «Fiduciary
Rule»
in district courts around the country,
in appeals
in two other
circuits courts, and
in this appeal, which was decided by this Court more than a month ago,» the filing said.
By the time the
case got before the First
Circuit, the SEC was
in default by over a year even though it had gotten two 270 day periods to complete the
rule.
On April 22, 1968, the U.S. Supreme Court handed down a
ruling in the
case of Interstate
Circuit v. Dallas, which revolved around the film Viva Maria.
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.
The Court of Appeals for this
Circuit in the Gaidry
case took note of these two
cases, but held them not reconcilable with the later
ruling of the United States Supreme Court
in Baglin v. Cusenier, 221 U. S. 680 [1 T. M. Rep. 147], wherein it was held that the fact that the primary meaning of the word «Chartreuse» was geographical did not prevent the acquisition of the exclusive right to its use as the designation of a liqueur made by the monks of the Monastery of La Grande Chartreuse.
In one of the first
cases to test this law, the 11th
Circuit Court has
ruled that breastfeeding mothers do not get to dictate where this pumping room is located.
The Padilla
case in 2005 did give rise to a precedent
in the United States Court of Appeals for the 4th
Circuit that supports the practice, although a subsequent
ruling in the Al - Marri
case arguably muddied the waters.
The Second
Circuit ruled in Silver's
case three weeks ago.
Schneiderman and 17 other state attorneys general on Aug. 2 won the right to intervene
in the
case in a
ruling by the D.C.
Circuit of the U.S. Court of Appeals.
After the 2nd
Circuit ruled last week, the three - judge panel hearing the appeal
in the Skelos
case asked lawyers to submit additional legal arguments
in light of the Silver 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 arrangements.
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.
The Second
Circuit court did not
rule in Smith's
case, nor
in that of convicted ex-Queens Republican Vice-Chair Vincent Tabone, who also argued an appeal before the panel Thursday.
The 2nd
Circuit said the instructions given to the Silver jury by the trial judge were consistent with precedential
rulings in other
cases prior to the Supreme Court decision
in the McDonnell
case.
Topics
in the Q&A included the source of money for the City's planned pre-K advertising campaign, the City's target number of pre-K applicants, whether Speaker Silver thinks the proposed income tax surcharge should be pursued next year, how the pre-K selection process will work, how the City will cover the approximately $ 40 million annual gap between the estimated cost of pre-K and the amount provided
in the state budget, when parents will learn whether their pre-K application has been accepted, how the City will collect data and measure success of the pre-K program, whether the existing pre-K application process will be changed, how the City will use money from the anticipated school bond issue, the mayor's reaction to a 2nd
Circuit ruling that City may bar religious groups from renting after - hours space
in public schools, the status on a proposed restaurant
in Union Square, a tax break included
in the state budget that provides millions of dollars to a Bronx condominium project, the «shop & frisk» meeting today between the Rev. Al Sharpton and Police Commissioner Bratton and a pending HPD
case against a Brooklyn landlord.
The U.S. Court of Appeals for the District of Columbia
Circuit, the second most powerful court
in the country behind the Supreme Court, heard two
cases challenging the Environmental Protection Agency's first
rules to crack down on mercury from the country's fleet of electric generating units.
But that court, the U.S. Court of Appeals for the D.C.
Circuit,
in a 2 - 1 decision
in April overturned the preliminary injunction, allowing research to continue until Lamberth
ruled on the merits of the underlying
case.
The 7th
Circuit upheld a trial judge's
ruling dismissing the
case, holding that the federal Communications Decency Act doesn't permit people to «sue the messenger just because the message reveals a third party's plan to engage
in unlawful discrimination».
Brett Myers, a Dallas lawyer representing Machete Productions, told Watchdog.org that the production company is considering whether to take their
case to the U.S. Supreme Court after the Fifth
Circuit Court of Appeals
in New Orleans
ruled against them
in December.
In its decision, the U.S. Court of Appeals for the Second Circuit parted ways with the rulings of two other federal appeals courts in similar cases, involving teachers in Boston and Kalamazoo, Mich. (See Education Week, May 18, 1983
In its decision, the U.S. Court of Appeals for the Second
Circuit parted ways with the
rulings of two other federal appeals courts
in similar cases, involving teachers in Boston and Kalamazoo, Mich. (See Education Week, May 18, 1983
in similar
cases, involving teachers
in Boston and Kalamazoo, Mich. (See Education Week, May 18, 1983
in Boston and Kalamazoo, Mich. (See Education Week, May 18, 1983.)
While the school district contended that the language of IDEA demanded attendance at a public school first, the Second
Circuit had already
ruled in a prior
case that this was an incorrect reading of the law, and could unreasonably require parents either to place children
in an inadequate program or shoulder the financial burden of a private education, a result it called «absurd.»
In a terse, one - page order, the justices ruled 7 to 0 that any appeal in the school - finance case would had to have been filed by July 21, 1993, four months after Montgomery County Circuit Court Judge Eugene W. Reese issued the controversial rulin
In a terse, one - page order, the justices
ruled 7 to 0 that any appeal
in the school - finance case would had to have been filed by July 21, 1993, four months after Montgomery County Circuit Court Judge Eugene W. Reese issued the controversial rulin
in the school - finance
case would had to have been filed by July 21, 1993, four months after Montgomery County
Circuit Court Judge Eugene W. Reese issued the controversial
ruling.
In March of this year, shortly after the Peter Jennings Project conference, the Third Circuit Court of Appeals agreed, ruling that prosecution of the Tunkhannock teens was «in retaliation for [the plaintiffs»] exercise of her constitutional rights not to attend the education program,» effectively ending prosecution of the case before it bega
In March of this year, shortly after the Peter Jennings Project conference, the Third
Circuit Court of Appeals agreed,
ruling that prosecution of the Tunkhannock teens was «
in retaliation for [the plaintiffs»] exercise of her constitutional rights not to attend the education program,» effectively ending prosecution of the case before it bega
in retaliation for [the plaintiffs»] exercise of her constitutional rights not to attend the education program,» effectively ending prosecution of the
case before it began.
On Nov. 13, State
Circuit Court Judge James Giddings of Ingham County granted the state's request to dismiss the lawsuit by four church schools on the grounds that a 1986
ruling in another
case had already decided the issue.
In a
case of great interest to districts statewide, the Glendale Unified High District had asked the justices to reverse a
ruling by the U.S. Court of Appeals for the 9th
Circuit holding that Arizona's...
A county
circuit court agreed
in December to reopen the 1975
case that Judge Arthur Recht finally decided
in 1982,
ruling the state school system unconstitutional.
The Third
Circuit,
in a
case from Pennsylvania,
ruled that officials violated the rights of a high school senior
in suspending him for creating an internet parody of his principal on the social networking site MySpace (Layshock v. Hermitage School District, 2010).
Last year, he dissented from a
circuit panel
ruling in A.M. v. Holmes, a
case where a New Mexico seventh - grader was handcuffed for disrupting class, as Education Week reported.
These amicus briefs — one filed
in the U. S. Supreme Court
in two California
cases, the other
in the U.S. Court of Appeals for the Sixth
Circuit dealing with a Kentucky
case — ask the courts to reconsider
rulings that misinterpret the main federal special education law, the Individuals with Disabilities Education Act (IDEA).
com: 5th
Circuit rules against feds
in school voucher
case, website reports http://bit.ly/1ljYZlk
We have high hopes that the Fifth
Circuit will
rule, like the NLRB did
in the Texas
case,
in favor of exempting Louisiana public charter schools from the NLRB's jurisdiction and a consistent standard for all charter schools will be applied across the Fifth
Circuit.
We hope the decision from the NLRB
in the Universal Academy
case will persuade the Court to
rule in favor of exempting Louisiana public charter schools from the NLRB's jurisdiction and a consistent standard for all charter schools will be applied across the Fifth
Circuit.
«The Sixth
Circuit ruling will discourage reporters from notifying child protective services or law enforcement agencies except
in the most obvious
cases of abuse,» said Francisco M. Negrόn, Jr., NSBA Associate Executive Director and General Counsel.
Seven years earlier, the ninth
Circuit Court of Appeals similarly
ruled,
in the Mendez vs. Westminster
case, that Mexican American children could not be denied a quality education because they were Mexican American.
In a 6 - 2 decision today in Schuette v. Coalition to Defend Affirmative Action (companion case Schuette v. Cantrell), the U.S. Supreme Court overturned the Sixth Circuit Court of Appeal's ruling and upheld a Michigan voter initiative that bans the practice of race - conscious admissions to the state's public universitie
In a 6 - 2 decision today
in Schuette v. Coalition to Defend Affirmative Action (companion case Schuette v. Cantrell), the U.S. Supreme Court overturned the Sixth Circuit Court of Appeal's ruling and upheld a Michigan voter initiative that bans the practice of race - conscious admissions to the state's public universitie
in Schuette v. Coalition to Defend Affirmative Action (companion
case Schuette v. Cantrell), the U.S. Supreme Court overturned the Sixth
Circuit Court of Appeal's
ruling and upheld a Michigan voter initiative that bans the practice of race - conscious admissions to the state's public universities.
The Second
Circuit overruled this line of
cases Wornick v. Gaffney 554 F3d 486, decision 9/24/08, and
ruled that the cash value of reciprocal life insurance policies
in joint
cases are exempt.
The Ninth
Circuit Court of Appeals recently
ruled in favor of a debtor, who sought discharge of his student loan debt
in a decade - old bankruptcy
case.
In 20120, the Circuit Court in Miami Dade ruled in the case of Cardelle v. Miami Dade Code Enforcement that the way the county was enforcing the law violated due proces
In 20120, the
Circuit Court
in Miami Dade ruled in the case of Cardelle v. Miami Dade Code Enforcement that the way the county was enforcing the law violated due proces
in Miami Dade
ruled in the case of Cardelle v. Miami Dade Code Enforcement that the way the county was enforcing the law violated due proces
in the
case of Cardelle v. Miami Dade Code Enforcement that the way the county was enforcing the law violated due process.
In that case, the Supreme Court will be considering the controversial decision of the Second Circuit Court of Appeals, which ruled that the Alien Tort Statute (which allows lawsuits in U.S. courts for violations of international law) does not create a legal basis for such suits against corporation
In that
case, the Supreme Court will be considering the controversial decision of the Second
Circuit Court of Appeals, which
ruled that the Alien Tort Statute (which allows lawsuits
in U.S. courts for violations of international law) does not create a legal basis for such suits against corporation
in U.S. courts for violations of international law) does not create a legal basis for such suits against corporations.
On the same day the Center filed comments against the proposed standards, the Ninth
Circuit Court of Appeals denied an administration request to revisit the court's November 2007
ruling in our
case against the Department of Transportation, once again affirming that fuel economy standards must be set at the maximum feasible level to save oil, reduce greenhouse gas pollution and protect consumers.
Howard Bashman over at How Appealing picked up on an 8th
Circuit case decided yesterday,
ruling in favor of seven people who had been arrested
in Minneapolis for protesting «consumerism» by dressing up like zombies and plodding around during the 2006 Aquatennial.
In «9th Circuit rules in Winnie - the - Pooh case» Kirkman notes, «Clearly Disney is opportunistically doing whatever it takes to preserve its financial interest in the Pooh franchise...&raqu
In «9th
Circuit rules in Winnie - the - Pooh case» Kirkman notes, «Clearly Disney is opportunistically doing whatever it takes to preserve its financial interest in the Pooh franchise...&raqu
in Winnie - the - Pooh
case» Kirkman notes, «Clearly Disney is opportunistically doing whatever it takes to preserve its financial interest
in the Pooh franchise...&raqu
in the Pooh franchise...»
You draw a panel with two
circuit judges on opposite ends of the ideological spectrum, with no idea how the district judge might
rule, and
in any event your
case might get en banc granted.
The Federal
Circuit, to which Apple appealed certain parts of the ruling earlier this month, is the circuit for all cases arising under U.S. patent law, while contract cases brought in the Western District of Wisconsin would usually be appealed to the Seventh C
Circuit, to which Apple appealed certain parts of the
ruling earlier this month, is the
circuit for all cases arising under U.S. patent law, while contract cases brought in the Western District of Wisconsin would usually be appealed to the Seventh C
circuit for all
cases arising under U.S. patent law, while contract
cases brought
in the Western District of Wisconsin would usually be appealed to the Seventh
CircuitCircuit.
U.S. Chamber urges Ninth
Circuit to grant
Rule 23 (f) review of class certification order
in Illinois Biometric Privacy Act
case
The presentation updated roughly 200 attendees on developments
in bankruptcy
case law,
rules, and practice
in Rhode Island and throughout the First
Circuit during the last year.