He also had the Appeals Court reverse
a Federal Court decision involving the Falmouth Police Department in a case where the Plaintiff alleged excessive force was used during his arrest.
A recent decision
Federal Court decision involving the manufacturer of Tupperware, Dart Industries Inc. v. Baker & McKenzie LLP, considered whether trade - mark use occurred when goods are purchased online using flyers.
Not exact matches
I find it instructive to look at the specifics of Edwards» predicament, and the curious
decision to prosecute in a
federal court what was, while morally inexcusable, private behavior
involving chiefly the wronging of a spouse.
· Amend The Penal Law To Prohibit Undisclosed Self - Dealing By Public Officials: To address the Supreme
Court's
decision in Skilling, which severely hampered the
federal government's ability to prosecute cases
involving deprivation of «honest services» by public officials, New York State should enact a felony - level crime of «Undisclosed Self - Dealing» to target public officials who further their own financial self - interest while purporting to be acting on behalf of their constituents or government employer.
Former state Assemblyman William Boyland Jr. has asked a
federal appeals panel to set him free because last year's Supreme
Court decision narrowed the reach of
federal anti-corruption laws in a case
involving former Virginia Gov. Bob McDonnell.
He was sentenced to two years in prison and ordered to pay $ 280,000 in restitution, but the penalty was stayed pending a much - anticipated US Supreme
Court decision involving the «honest services» section of the
federal mail - fraud law under which he was tried.
Recall that a
Federal High
Court in Abuja had taken its final
decision on the corruption case
involving Justice Ngwuta, pointing out that the prosecution in the Justice Ngwuta's case failed to comply with the condition precedent before bringing charges against a judicial officer.
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.)
The
decision is one of several in recent months by
federal appeals
courts grappling with cases
involving students who create Web pages ridiculing school administrators or fellow students.
The General Attorney occupation covers professional legal positions
involved in preparing cases for trial and / or the trial of cases before a
court or an administrative body or persons having quasi-judicial power; rendering legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a
Federal Government agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents required by the agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress, opinions or discussions of a
court, commission, or board; drafting and reviewing
decisions for consideration and adoption by agency officials.
Recent confessions released by
federal courts indicate that corruption from the construction companies
involved financed the last two presidential election campaigns, thus providing a rationale for detachment of
decisions from normal economic logic.
In its
decision, the Ontario
Court of Appeal noted the trial judge «made many errors» stating the original interpretation did not take into consideration that a two - step process
involving consultation by both the province and the
federal government is unnecessary, as the treaty right is protected.
A simple search of published
court decisions shows that Wikipedia is frequently cited by judges around the country, involving serious issues and the bizarre — such as a 2005 tax case before the Tennessee Court of Appeals concerning the definition of «beverage» that involved hundreds of thousands of dollars, and, just this week, a case in Federal District Court in Florida that involved the term «booty music» as played during a wet T - shirt con
court decisions shows that Wikipedia is frequently cited by judges around the country,
involving serious issues and the bizarre — such as a 2005 tax case before the Tennessee
Court of Appeals concerning the definition of «beverage» that involved hundreds of thousands of dollars, and, just this week, a case in Federal District Court in Florida that involved the term «booty music» as played during a wet T - shirt con
Court of Appeals concerning the definition of «beverage» that
involved hundreds of thousands of dollars, and, just this week, a case in
Federal District
Court in Florida that involved the term «booty music» as played during a wet T - shirt con
Court in Florida that
involved the term «booty music» as played during a wet T - shirt contest.
The latest ruling
involving TREB and the Competition Bureau was released Friday, with the
federal court dismissing an appeal by TREB of a Competition Tribunal
decision from 2016.
The
Court's fourth
decision, Danforth v. Minnesota isn't technically a preemption case because it doesn't
involve a conflict between
federal and state statutes.
When
involved in research on
federal procedure, one must often locate
court decisions and other sources which interpret the rules.
Received favorable
decision from New Jersey
Federal District
Court dismissing age and disability discrimination claims of former employees
involving comments not previously addressed by the
Federal Courts in the applicable Circuit.
While pharmaceutical giant Pfizer is trying to get the Supreme
Court of Canada to take a second look at its recent judgment voiding its patent on Viagra, it's trying to use the same
decision to quash a case in the
Federal Court involving another generic drug maker.
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 o
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 o
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.
Some flaws are structural; others
involve poor management of the judiciary as a whole and of individual
courts and judges; a third set concerns «deficiencies in how
federal judges decide cases and justify their
decisions in judicial opinions,» including a mechanical formalism and an unwillingness to confront openly the task of solving complex problems.
And for any readers who simply can't get enough when it comes to appeals
involving the law school subjects of
federal courts and civil procedure, today the U.S.
Court of Appeals for the Ninth Circuit issued a decision resolving «whether the federal court in Guam has jurisdiction in disputes exclusively between aliens.&r
Court of Appeals for the Ninth Circuit issued a
decision resolving «whether the
federal court in Guam has jurisdiction in disputes exclusively between aliens.&r
court in Guam has jurisdiction in disputes exclusively between aliens.»
Litigation partner David Outerbridge has weighed in on a
Federal Court of Appeal
decision that brought a «collective sigh of relief from lawyers
involved in structuring commercial transactions.»
She distinguished the instant case (
involving a
decision from the
Federal Circuit) from Power Integrations, because Power Integrations
involved only a district
court decision, thereby allowing the Board not to be bound to a district
court claim construction.
The
Federal Court decision in Thoi Bao Inc. v. 1913075 Ontario Limited
involved a former employee of the plaintiff developing and operating a competing online news website that infringed on the plaintiff's trade - marks and copyrighted content.
Gibson Dunn has published a mid-year 2016 review of electronically stored information (ESI)
decisions in
federal courts involving requests for sanctions.
His litigation successes include important
decisions in the
Federal Court, the
Federal Court of Appeal and the Supreme
Court of Canada on issues
involving file sharing, privacy, private copying levies, parallel importation, fair dealing and whether Copyright Board tariffs are mandatory.
Defeated class certification of Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and implied warranty claims in
federal court cases
involving claims against airplane part manufacturer and dental implant manufacturer; Defense of automotive class actions has led to several appellate
decisions making certification of such claims very difficult in Florida.
Each of these four cases
involved, first, a
decision by a Superior
Court Judge interpreting an insurance contract (or in Ross - Clair, a construction contract with the federal government), and then a decision of the Court of Appeal reviewing that lower court deci
Court Judge interpreting an insurance contract (or in Ross - Clair, a construction contract with the
federal government), and then a
decision of the
Court of Appeal reviewing that lower court deci
Court of Appeal reviewing that lower
court deci
court decision.
There have been several Supreme
Court of Canada (the «Supreme
Court «-RRB- and
Federal Court of Appeal
decisions involving s. 7 of the Charter and Canadian immigration law.
A pretty large volume of the entire U.S.
Court of Appeals docket involves sentencing decisions where guilt is not disputed, and surely panel sentencing in cases with potentially long sentences would reduce that and might even be money saving for the federal judicial branch as a whole despite the extra effort invested at the trial court level, in addition to furthering justice by balancing out extreme sta
Court of Appeals docket
involves sentencing
decisions where guilt is not disputed, and surely panel sentencing in cases with potentially long sentences would reduce that and might even be money saving for the
federal judicial branch as a whole despite the extra effort invested at the trial
court level, in addition to furthering justice by balancing out extreme sta
court level, in addition to furthering justice by balancing out extreme stances.
KG v. CAE Machinery Ltd. (1995), 62 C.P.R. (3d) 26 (F.C.T.D.) that «I am also of the opinion that, in general, summary judgment is not the proper means to obtain judgment where the issues before the
court involve the infringement or the invalidity of a patent», most contested intellectual property decisions in the Federal Court on summary trials and judgment on the merits have related to trademarks or copyright, or arise where the responding party is not participa
court involve the infringement or the invalidity of a patent», most contested intellectual property
decisions in the
Federal Court on summary trials and judgment on the merits have related to trademarks or copyright, or arise where the responding party is not participa
Court on summary trials and judgment on the merits have related to trademarks or copyright, or arise where the responding party is not participating.
PACER means «Public Access to
Court Electronic Records», giving access to over 500 million U.S. federal court documents, including a listing of parties involved in the litigation, a listing of court decisions, and copies of documents filed with the c
Court Electronic Records», giving access to over 500 million U.S.
federal court documents, including a listing of parties involved in the litigation, a listing of court decisions, and copies of documents filed with the c
court documents, including a listing of parties
involved in the litigation, a listing of
court decisions, and copies of documents filed with the c
court decisions, and copies of documents filed with the
courtcourt.
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: 334-215-3706 Cell Phone: 334-233-2631 Fax: 334-273-0477 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 following is an excerpt from a 2006
Decision of our
Federal Court of Appeals,
involving a different industry: