Sentences with phrase «second circuit court decision»

Under a decisions that was nearly five years in the making and which overturned a Second Circuit court decision against Kirtsaeng, the Supreme Court handed down a 6 - 3 ruling in favor of a foreign student attending school in the US who was buying less - expensive textbooks through his family in his native country and selling them at a slight markup to US students.

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.»

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

According to the Second U.S. Circuit Court of Appeals decision, «Christian clergy delivered each and every one of the prayers for the first nine years of the town's prayer practice, and nearly all of the prayers thereafter.»

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.

«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.»

«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.

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 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.

«I expect that the FEC will conclude that it must allow both candidates to treat contributions raised and spent between the district court and circuit court decisions as being for a second primary election and that both candidates will have to report them accordingly,» he said.

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.

US Attorney Preet Bharara decided to drop charges against Michael Steinberg, the former SAC Capital Advisors portfolio manager convicted of insider trading, because the Supreme Court refused to review the Second Circuit's landmark Newman decision.

In two cases, the Second Circuit Court of Appeals sought to translate Supreme Court decisions to different factual situations.

«While the town acknowledges that asking for review from the Supreme Court of the United States is an uphill fight, the outcome of the Second Circuit's decision gives [us] no choice but to undertake this endeavor,» said Councilwoman Kathee Burke - Gonzalez, the Town Board's liaison to the airport, in a statement.

«In addition, my office will work closely with the plaintiffs in this case to oppose any stay, pending the appeal, and to urge the second circuit to uphold the district court's decision.»

«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.

In its conclusion, the United States Court of Appeals for the Second Circuit in Manhattan cited a unanimous U.S. Supreme Court decision last year that allowed Virginia Gov. Bob McDonnell to escape ethics charges, the New York Times reported.

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 school district appealed, and in March 2005 the second circuit court affirmed the previous decision.

The ruling by a three - judge panel of the U.S. Court of Appeals for the Second Circuit, issued March 12, remands for trial a decision issued last year by U.S. District Judge Neal P. McCurn of Syracuse, N.Y.

As for Google, a spokewoman stated that they «are grateful that the court has agreed to uphold the decision of the Second Circuit which concluded that Google Books is transformative and consistent with copyright law.»

On the grounds that Judge Denise Cote's decision to move forward with the classification and damages phases of the trial on going case, Apple managed to win a stay by the three - judge panel of the Second Circuit court, at least for now.

The U.S. Supreme Court vacated a decision of the Court of Appeals for the Second Circuit, giving life to a case that can mean New Yorkers... Read More

The April 2013 decision of the Court of Appeals for the Second Circuit overturned a lower court's ruling that Prince's paintings from his Canal Zone series, shown at Gagosian in 2008, infringed on Patrick Cariou's original photography and should be destrCourt of Appeals for the Second Circuit overturned a lower court's ruling that Prince's paintings from his Canal Zone series, shown at Gagosian in 2008, infringed on Patrick Cariou's original photography and should be destrcourt's ruling that Prince's paintings from his Canal Zone series, shown at Gagosian in 2008, infringed on Patrick Cariou's original photography and should be destroyed.

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 corporations.

We believe the Court's decision may set the stage for the Second Circuit to hold Section 470 unconstitutional: The Second Circuit strongly hinted that if Section 470 were to require nonresident lawyers to maintain a physical office within the state, it would violate the Privileges and Immunities Clause.

On April 25, 2016, the U.S. Court of Appeals for the Second Circuit reversed the District Court's decision and restored the suspension issued by NFL Commissioner Roger Goodell to New England Patriots» quarterback Tom Brady in the «Deflategate» scandal

Walls» first ruling was overturned by the 3rd U.S. Circuit Court of Appeals, which is now reviewing his second decision.

Richard A. Posner, the outspoken justice on the Seventh Circuit of the U.S. Court of Appeals and University of Chicago law professor, has written a short piece for The New Republic, entitled «In Defence of Looseness,» in which he takes the U.S. Supreme Court to task for its decision in District of Columbia v. Heller [PDF], the case involving the second amendment to the U.S. Constitution dealing with arms and militias.

Stevens» predecessor, Justice William O. Douglas, had famously argued that mountains and trees should have standing and judges on the D.C. Circuit Court of Appeals had developed a number of doctrines that allowed that court to aggressively second - guess agency decision - making to ensure that the agencies realized the broad and ambitious goals of environmental statCourt of Appeals had developed a number of doctrines that allowed that court to aggressively second - guess agency decision - making to ensure that the agencies realized the broad and ambitious goals of environmental statcourt to aggressively second - guess agency decision - making to ensure that the agencies realized the broad and ambitious goals of environmental statutes.

This decision led to other significant victories, including in the Second Circuit Court of Appeals, on behalf of sureties on notice issues.

The case presents two procedural issues under the AIA trial format: First, whether the PTAB should construe claims during an IPR using the USPTO's «broadest reasonable interpretation» (or «BRI») construction standard; and second, whether the PTAB's decision to institute review is subject to review by the U.S. Court of Appeals for the Federal Circuit.

The second issue before the Court, whether the Federal Circuit may review the PTAB's decision to institute review (at least in connection with an appeal of the final written decision), has greater potential to affect AIA trial practice, but was hardly mentioned by the Court during argument.

Whether the Ninth Circuit erred in upholding the EPA's assertion of authority to second - guess a permitting decision made by the State of Alaska — which had been delegated permitting authority under the Clean Air Act, 42 U.S.C. § § 7401 et seq. — in conflict with decisions of this Court and other federal courts of appeals establishing the division of federal - state jurisdiction under the Act and similar statutory programs.

San Francisco's 9th Circuit Court of Appeals cited Bellesiles» research in its decision Silveira v. Lockyer, Dec. 5, 2002, which ruled that the Second Amendment established a collective, not an individual, right to «keep and bear arms.»

The U.S. Supreme Court affirmed the Second Circuit's decision, resolving a conflict among Circuit Courts regarding the interplay between contractual limitations provisions required by most states» insurance laws and federal case law regarding accrual of ERISA claims.

Steven J. Boyajian was quoted in Law360 on July 15, 2016, in an article that discusses the Second Circuit's decision to strike down, in part, a prior bankruptcy court decision that protected General Motors from liability related to ignition switch defects.

Presumably in an effort to get earlier and ultimately more attention from the Supreme Court clerks evaluating cert petitions, Samsung yesterday filed (once agai well ahead of a deadline) an optional reply brief in support of its request that the Supreme Court review the Federal Circuit's en banc decision in the second Apple v. Samsung case (this post continues below the document):

In a high - profile antitrust case with significant international implications, the US Supreme Court recently announced that it would review the Second Circuit's decision in In re: Vitamin C Antitrust Litigation..

However, the Supreme Court recently denied the government's request to review the Second Circuit's decision.

The dissent then sided with the Second, Fifth, and Eighth Circuits» conclusions that «the NLRA does not invalidate collective action waivers in arbitration agreements,» asserting that such decisions were consistent with Supreme Court precedent.

The Court of Appeals then summarized decisions from the Second and Fifth Circuits addressing whether the New York Convention applied to the states as a treaty or as implementing federal lesiglation, and the Fourth Circuit saw a conflict in the holdings of the Second and Fifth Circuits.

In addition, BDS has a highly successful in - house federal court practice, and has litigated dozens of habeas corpus petitions challenging the wrongful detention of immigrants, including the Second Circuit's landmark decision in Lora v. Shanahan.

A Second Circuit Court of Appeals panel reversed the district court's decision that had dismissed, as procedurally barred, our client's petition for a writ of habeas coCourt of Appeals panel reversed the district court's decision that had dismissed, as procedurally barred, our client's petition for a writ of habeas cocourt's decision that had dismissed, as procedurally barred, our client's petition for a writ of habeas corpus.

Internet Law News today reports that a judge who went online to check some facts about a case before him did not invalidate his decision: U.S. v. Bari, U.S. Court of Appeals for the Second Circuit, No. 09 - 1074.

As expected, the U.S. Court of Appeals for the Second Circuit has today issued a revised version of its decision in Higazy v. Templeton: On page seven, today's version of the opinion states, «This opinion has been redacted because portions of the record are under seal.

Boston Commercial Litigation partner Matt McLaughlin provides commentary in this piece discussing a Second Circuit decision on securities lawsuits over rosy corporate projections that fail to pan out in light of the Supreme Court's landmark Omnicare ruling.

The amicus submission seeks reversal of a Second Circuit Court of Appeals decision that proposes a «clear rule of conclusive deference» toward foreign sovereigns» interpretations of their domestic laws.