Whether district judges follow one path or the other will, as you say, determine the significance (though, of course, Gall could give them a push).
As noted in this post, today Sixth Circuit panels in two cases split over
whether district judges had sentenced reasonably in two drug cases.
STANLEY BURNTON LJ: The issues for determination were: (i) whether the rule requiring payment of the standard case fee was unreasonable and unlawful; (ii) whether or not the ombudsman was under an obligation to consider dismissal of all complaints under DISP 3.3; (iii) whether the ombudsman could lawfully delegate consideration and exercise of the power under DISP 3.3 to a suitably qualified member of staff; (iv)
whether the district judge had been entitled to find that each of the complaints had been considered for summary dismissal, albeit by a consumer consultant; (v) if a complaint was not lawfully considered for summary dismissal, and as a result was investigated, and after investigation determined by the ombudsman adversely to the complainant, whether the firm was nonetheless liable to pay the standard case fee; and (vi) whether the answer to (v) depended on whether the complaint should have been dismissed under DISP 3.3.
Not exact matches
Earlier this year U.S.
District Judge William Alsup, who is hearing the civil action brought by Waymo, asked federal prosecutors to investigate
whether criminal theft of trade secrets had occurred.
At a hearing in Moscow's Tverskoy
District Court to decide
whether Magomedov and his associates should be detained before their trial,
Judge Maria Sizintseva said they had acted as part of an organised crime group and had tried to put pressure on witnesses.
Earlier this year, U.S.
District Judge Edward Chen in San Francisco said California drivers could sue as a group on the question of
whether they are employees or contractors, and over their demand for payment of tips that were not passed on to them.
In the ruling on Tuesday, U.S.
District Judge Edward Chen in San Francisco said California drivers could sue as a group on the question of
whether they are employees or contractors, and over their demand for payment of tips that were not passed on to them.
US
District Judge Mark Goldsmith had already issued a 14 day stay of removal on June 22nd for at least 114 mostly Christian Iraqis detained in the Detroit area, saying he needed time to work out
whether he has jurisdiction over the case.
At the time, there was discussion over what an «improper physical relationship» actually meant (as well as the meaning of «is»), and
whether oral sex fit under what a U.S.
District Judge's defined as when a «person knowingly engages in or causes contact with the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to arouse or gratify the sexual desire of any person.»
It likely will be up to a Lake County
judge to decide
whether the Vernon Hills Village Board overstepped its authority when it recently blocked a plan by the local Park
District to build a 25 - space parking lot in Deerpath Park.
Cary Park Director Steve Cherveny said a
judge is expected to decide Oct. 18
whether he should intercede on the Park
District's behalf regarding the conflicting eminent domain lawsuits.
Nearly six weeks after the corruption trial began, jurors Thursday afternoon were dispatched by U.S.
District Court
Judge Valerie Caproni to begin deliberations into
whether Percoco, a longtime confidante of Gov. Andrew M. Cuomo, used his top government post to enrich himself via bribes paid by two companies with business before the state.
U.S.
District Court
Judge Valerie Caproni asked Howe
whether, having viewed the document, he remembered saying that.
A revealing detail in the process of jury selection before Silver's trial Monday was a question
Judge Valerie Caproni posed to Manhattan residents: Do you know
whether Mr. Silver represents your
district?
After the jury left the courtroom, U.S.
District Judge Kimba M. Wood asked the Skeloses, under oath, to reaffirm their decision not to testify, while also asking both men
whether they had consumed drugs or alcohol within the past 24 hours, according to the Wall Street Journal.
He was allowed to remain free following his sentencing pending that ruling, and is now awaiting word from the presiding US
District Court
judge on
whether he will have to serve any time in light of the decision.
«We deem it sufficient if the
District Attorney provides the Grand Jury with enough information to enable it intelligently to decide
whether a crime has been committed and to determine
whether there exists legally sufficient evidence to establish the material elements of the crime,» the
judge wrote.
Susan Lerner, executive director of the good - government group Common Cause, said it's hard to
judge whether the percentage is abnormally high, particularly because
district lines have just shifted.
A U.S.
District Court
judge is considering
whether to order reforms to stop and frisk after a 10 - week bench trial in which a dozen people testified that they were stopped by police solely because of their race.
U.S.
District Court
Judge Claudia Wilken in Oakland, Calif., on April 29 ordered the Bush administration to stop dragging its feet on the fate of polar bears and decide by May 15
whether declining sea ice in the Arctic threatens their existence.
A panel of
judges from the U.S. Ninth Circuit Court of Appeals is expected to rule this week on
whether a temporary halt placed on the order by a federal
district judge should be kept in place.
The crucial question is which lawyer the three
judges — Douglas Ginsburg, Thomas Griffith and Karen LeCraft Henderson — will agree with as they consider
whether to uphold or overturn a preliminary injunction issued by US
District Court
judge Royce Lamberth on 23 August.
A federal
judge, U.S. District Judge Edward Korma, told the Food and Drug Administration (FDA) to make the product available to 17 - year - olds within 30 days, according to The Washington Post, and to reconsider whether it should be available without any age restriction at
judge, U.S.
District Judge Edward Korma, told the Food and Drug Administration (FDA) to make the product available to 17 - year - olds within 30 days, according to The Washington Post, and to reconsider whether it should be available without any age restriction at
Judge Edward Korma, told the Food and Drug Administration (FDA) to make the product available to 17 - year - olds within 30 days, according to The Washington Post, and to reconsider
whether it should be available without any age restriction at all.
US
District Judge Sidney Stein said: «In short, virtually all evidence in the record indicates that during the period at issue, IJL staff relied on a uniform script to inform prospective customers during initial interviews that IJL already had at least two matches in mind for those customers» first dates regardless of
whether or not that was true.»
Lowell Milken says that one way to
judge the work of foundations is
whether other givers get on board and
whether a project changes the way the
district does business.
You were absolutely wrong to report that U.S.
District Court
Judge Robert F. Peckham «never reached a conclusion about
whether [I.Q.] tests are racially biased» and that the appeals - court ruling now reinstitutes I.Q. testing for African - American students.
A federal
judge has postponed the dates for court hearings on
whether the North Little Rock and Pulaski County Special school
districts in Arkansas have met their desegregation obligations.
U.S.
District Judge Mark Walker expressed deep misgivings about the new policies, but ultimately ruled that the challenged provisions could stand because, regardless of their wisdom or fairness, the question was
whether or not the evaluation policies were «rational within the meaning of the law.»
Without
judging whether Columbus adapted well or badly, it is fair to say the
district is now in a bind.
The bottom line for
judging investments by
districts working to develop instructional leadership is
whether such investments are linked to student achievement.
I will be
judged by the voters on the number of high - performing schools in every neighborhood, not
whether those schools are
district or public charters.
The system is still in flux, as the state is developing the rubrics for
judging whether districts have met their performance goals, while also designing a school - level accountability system to comply with ESSA, and trying to ensure the system as a whole is coherent.
Just this week, the 2nd U.S. Circuit Court of Appeals vacated the
district court's certification of the case as a class action, and told the
district court
judge he needs to decide
whether Google's snippets of text could be considered «fair use.»
By August 23, Tomita, 59, must decide
whether to accept $ 15.1 million in damages or proceed to a new damages trial, the U.S.
district judge ruled.
The pipeline company, Energy Transfer Partners, asked U.S.
District Judge James Boasberg to stop the Corps from publishing a notice in the Federal Register announcing the study and to rule on
whether the company has the necessary permits to proceed with laying pipes under Lake Oahe.
A 9th U.S. Circuit Court of Appeals decision is pending on
whether to uphold U.S.
District Court for the Northern
District of California
Judge Vince Chhabria's order sending those suits back to state court from federal court.
The ruling from U.S.
District Judge Michael W. Mosman in Oregon addresses the question of
whether the government must notify someone when it obtains a search warrant to access the person's Web - based e-mail account.
In that case, U.S.
District Judge George Daniels ruled that Congress, not the courts, should decide
whether Trump is violating the Constitution by failing to divest his business holdings.
Not addressed in the report:
whether any of the GAO's suggested reforms would require Southern
District of New York
Judge Barbara Jones to relocate her legendary Christmas parties.
U.S.
District Court
Judge Reggie B. Walton in Washington said the Military Commissions Act, signed into law in October, has left him unable to consider
whether the detainees can challenge being held at the Marine facility in Cuba.»
With Texas death - row inmate Charles Dean Hood scheduled to be executed Wednesday, his lawyer, Gregory Wiercioch, will be in court this morning trying to break a «conspiracy of silence» over
whether the
district attorney and the
judge in his client's 1990 murder trial were having a secret romantic relationship.
The
district judge was therefore not asking himself the right question — which was
whether there were reasonable grounds for suspecting that this money derived to a material degree from the labour of people whom it was a criminal offence to employ, and
whether its further detention was justified pending investigation of its derivation, or consideration was given to bringing proceedings against any person «for an offence with which the cash is connected».
Bashman also suggests that responsibility for ensuring jurisdiction lies with the federal
district court and that
judges should review the
district court's opinions to determine
whether jurisdiction has been properly established.
Norm Pattis wonders
whether the case of Librarian George Christian — whose treatment by the FBI violated his First Amendment rights, according to United States
District Court
Judge Janet Hall — will lead to additional hearings about The Patriot Act.
Board to evaluation appellate and
district court
judges on integrity, legal knowledge, communication skills, judicial temperament, administrative performance,
whether the
judge «participates in a proportionate share of the court's workload», and service to the legal profession and the public by participating in service - oriented efforts.
«We need not decide
whether the
district court abused its discretion by admitting this evidence because any error — if indeed there was one at all — was harmless,»
Judge Norman Stahl wrote for the panel.
1749, 1756, 1758 (2014), defining the flexibility given
district judges to decide
whether a patent case is exceptional for purposes of a fee award under 35 U.S.C. § 285.
Our Supreme Court has clarified for Texas
district judges the standards they should apply when deciding
whether justice is best served by a class action or by individual lawsuits.
Judge Weisberg then certified the following question of law to the Circuit Court: «
whether the
District of Columbia should adopt Federal Rule of Evidence 702 (or a revised Frye standard) for the admissibility of expert evidence.»
U.S.
District Court
Judge Anita Brody, who has been overseeing the NFL Concussion case, is set to rule on
whether or not litigation funder Thrivest will be permitted or prohibited from compulsory arbitration with ex-NFL player William E. White.