Sentences with word «affirmance»

We successfully obtained affirmance of summary judgment before the Federal Circuit.

Represented the plaintiff - appellee at the U.S. First Circuit Court of Appeals in obtaining affirmance of substantially all of the district court judgment in excess of $ 4 million in an employment retaliation case.

2001): Implemented a strategy to place plaintiff in a catch - 22 with a successful claim construction motion to ensure a loss either on infringement or validity that was followed up with successful summary judgment motion for invalidity; authored appeal brief to obtain affirmance by CAFC.

If the percentage of affirmance on criminal appeals creeps any higher from the 93 percent we have today, there would be no need for a supreme court.

We obtained summary judgment of non-infringement of all claims in the Southern District of California, and we subsequently obtained affirmance from the Federal Circuit on appeal.

I predict denial of this petition, not because it would be a just outcome but simply because even Chief Judge Prost, who has a more balanced position than some of her colleagues on certain issues (above all, injunctive relief), apparently (she wrote the summary affirmance decision) agrees with Apple on this one.

[Footnote 7] The state ground for affirmance, i.e., the failure to take certiorari from the action refusing a license, depends upon the constitutionality of the ordinance.

«Debatable sentencing rulings at end of long white - collar affirmance Main An intoxicating way to celebrate the Gall ruling»

Our unanimous affirmance of the Court of Appeals» judgment concerning 16 -1-20.1 [Alabama's prayer law] makes it unnecessary to comment at length on the district court's remarkable conclusion that the federal Constitution imposes no obstacle to Alabama's establishment of a state religion.

The Court's affirmance here bodes nothing but evil to religious peace in this country.

Attorneys won affirmance of a grant of summary judgment in a putative medical monitoring class action arising out of alleged neighborhood exposure to beryllium dust and fumes from defendants» plant over the course of many decades.

Julie Green and Howard Cooper obtained a complete affirmance from the U.S. Court of Appeals for the Third Circuit of a 2008 trial court victory in a case brought on behalf of Judge Leon A. Kendall of the Superior Court of the Virgin Islands against the judicial conduct commission of the Virgin Islands, called the Commission on Judicial Disabilities.

In a way, Judge Robart did everything right because the Ninth Circuit handed him a first - class affirmance (even twice: the first one with respect to a preliminary injunction preventing Motorola from enforcing two German patent injunctions against Microsoft, and the second one with respect to his final FRAND ruling).

First - class, wholesale affirmance is truly remarkable when someone has to actually venture into unchartered territory, as Judge Robart had.

Today's affirmance ruling is yet another success for Microsoft's counsel in the Munich cases against Motorola, a team of Bardehle Pagenberg lawyers led by litigator Dr. Tilman Mueller - Stoy and patent attorney Peter Hess.

His notable victories in these matters have included affirmance of a lower court's dismissal of a complaint that alleged that the installation of lechis on public utility poles violated the Establishment Clause of the U.S. Constitution (Jewish People for the Betterment of Westhampton Beach, et al. v.

It turns out that the issue may not be all that significant, according to this recent detailed analysis from Scotus Blog, which found that the number of cases in which a tie vote caused by recusal results in default affirmance of the lower court is relatively small.

In fact, it's odd that the Court has doubled up on such affirmances twice in the last five terms, because the Justices have mostly been able to avoid this circumstance of late: including the two most recent cases, it's only happened 10 times in the last 18 years.

Obtained dismissal in federal court by enforcing contractual forum selection clause in underlying insurance policy, requiring action in Germany; Obtained Eleventh Circuit affirmance after briefing and argument.

The default position is to affirm, and it is easy for an ineffective presentation to mask decent appeal points so that a case gets tossed into the «probable affirmance» pile early on.

2002): As counsel for investment company owning plaintiff, worked closely with co-counsel to obtain verdict against infringer; authored appeal brief to obtain affirmance by CAFC with additional price erosion damages awarded.

Successfully defended a large insurance company in a multi-million dollar bad faith action, including obtaining judgment at bench trial and affirmance on appeal.

JUSTICE STEVENS apparently believes that this issue is properly before the Court because «the party defending the judgment has explicitly rested on the issue in question as a controlling basis for affirmance.»

Listed below are links to weblogs that reference Debatable sentencing rulings at end of long white - collar affirmance:

Obtained affirmance by the Second Circuit Court of Appeals of the District Court's dismissal of quiet title action against homeowners by a successor trustee claiming that conveyance of property by a predecessor co-trustee was void.

Successfully obtained affirmance of Probate Court order requiring sale of Los Angeles Clippers from Donald Sterling to a new owner.

«The industry is committed to providing safe products for every lifestyle and occasion and the affirmance of the safety of aspartame will hopefully strengthen consumer confidence.

«We are gratified by the affirmance and are pleased that the necessary inquiry into matters the district attorney believed needed careful and conflict - free investigation can now go forward,» a spokesman for Donovan said.

Although I generally find your publication to be accurate as well as up to date, the reminder that U.S. Supreme Court denials of certiorari are not at all affirmances bears repeating here.

«Rather, our affirmance of the district court's disposition is simply a product of the discretion that Congress reposed in that court.»

Here, the lack of prejudice and failure to move to strike below were dispositive, resulting in an affirmance of the costs award to the defense.

The Federal Circuit's affirmance of Judge Posner's claim construction has defanged and devalued the» 647 patent.

I also mentioned Chief Judge Rader's dissent from the majority's affirmance of Judge Posner's denial of injunctive relief to Google's Motorola over a FRAND - pledged SEP..

In my opinion, it's perfectly reasonable to focus on the cases in which the appellate decision actually came down (i.e., the completed experiments), implicitly assuming that the affirmance and reversal rates would have been more or less the same if all other decisions had been reviewed by the appeals court.

(The opinion makes it clear that the affirmance was not based on any ethics violations.)

2005)(obtained the imposition of sanctions against counsel for the assertion of RICO and litigation fraud claims against physicians arising out of previously dismissed medical malpractice claims and argued successfully for the affirmance of the District Court's dismissal of the federal claims).

So in a strictly formal sense, neither Judge Posner's claim construction nor its affirmance by the Federal Circuit are precedential.

Participated in obtaining a summary judgment for a hospital affiliated with a national health system in a physician's multimillion dollar federal court discrimination lawsuit, and obtaining an affirmance on appeal before the Eleventh Circuit Court of Appeals

We obtained judgment of infringement and misappropriation of trade secrets after a three - week trial, and we obtained affirmance on the finding of misappropriation of trade secrets.

Statistically, the odds of an affirmance are better than the average if the intermediate court of appeals that issued the opinion under review is the Houston First Court of Appeals, the Austin Court of Appeals, the Amarillo Court of Appeals, or the Corpus Christi Court of Appeals.

Obtained affirmance of the judgment on appeal at the Federal Circuit.

2013) obtaining an affirmance of a civil rights dismissal, Douglas v. Town of Portola Valley, (9th Cir.

Obtained affirmance by the Alabama Supreme Court of judgment as a matter of law entered in favor of psychiatrist, who was accused of negligently causing the death of a patient who committed suicide following her discharge from the hospital.