Sentences with word «banc»

The silly question in the title of this post is prompted by the terrific Christmas - week opinions authored by DC Circuit Judges Kavanaugh and Millett in concurrences to the denial of en banc rehearing in US v. Bell, No. 08 - 3037 (DC Cir.

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Two months after a three - justice panel of the Eighth Circuit Court of Appeals struck down a provision of South Dakota's informed consent law, the Court of Appeal announced they will hold an en banc hearing on the matter.

The majority en banc opinion largely stayed the course.

This is even more true today as we near the Federal Circuit's en banc ruling in Lighting Ballast Control LCC v. Philips Elec. N. Am.

In the most recent, the en banc appeal In re Bilski, the USPTO argues that process inventions generally are unpatentable unless they «result in a physical transformation of an article» or are «tied to a particular machine.»

As Lyle Denniston at SCOTUS Blog reports here, the D.C. Circuit today denied rehearing en banc by a vote of 6 - 4 in Parker v. District of Columbia, thus paving the way for resolution of the case by the Supreme Court.

Listed below are links to weblogs that reference En banc Second Circuit hands down Cavera, the «local conditions» sentencing case:

Subsequently, a divided en banc Federal Circuit held 6 - 5 that laches remains a defense to bar a claim for damages based on patent infringement occurring within the six - year damages limitations period established by 35 U.S.C. § 286.

The decision was unusually critical of an earlier decision by a panel of three Federal Circuit judges, who vigorously dissented from the en banc majority decision.

And even the ones that don't have en banc granted end up just muddying the law.

A divided en banc Eighth Circuit upheld the challenged provisions.

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After attending the en banc arguments in the Texas voter - ID case this past Tuesday, I got curious and decided to dig into rehearing practices at the Fifth Circuit.

Successfully opposed the defendants» petitions for rehearing and rehearing en banc before Eighth Circuit and petition for writ of certiorari to U.S. Supreme Court.

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The en banc Florida First District Court of Appeal held that Florida's publicly funded voucher program violated the state's Blaine Amendment.

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Regular readers may recall this case, which has been confounding the Second Circuit for quite some time and was heard en banc way back in March.

I just learned from a helpful reader that yesterday the Second Circuit rejected the government's appeal of this sentence (in this summary order), based largely on the strength of the Circuit's work last week in its en banc Cavera decision (basics here, comments here on Cavera).

Tweeting about Tuesday's oral arguments before the en banc Fifth Circuit, in the Texas voter - ID case, and a lot of great Twitter activity followed.

Tafas: The U.S. Court of Appeals for the Federal Circuit has agreed to rehear en banc Tafas v. Doll, a major patent case which could «restrict sharply the number of continuations, claims, and requests for continued examination that patent applicants may file,» the National Law Journal's Marcia Coyle reports.

Next: Title VII protects workers from discrimination based on sexual orientation, en banc 2nd Circuit says

We decided to ask the whole entire court to look at the case in an en banc request.

Listed below are links to weblogs that reference Over lengthy dissents, en banc Eleventh Circuit shuts 2255 door to claims based on advisory guideline misapplication:

«8th Circuit to reconsider reasonableness en banc Main The impact of SCOTUS's heightened scrutiny in capital cases»

Apple filed a petition for rehearing en banc arguing, inter alia, that the panel improperly looked to information outside the record in construing the claims.

In a case of first impression, the Pennsylvania Supreme Court reversed the en banc Superior Court's finding that «a patient does have a cause of action against either a psychiatrist or a general practitioner rendering psychological care, when during the course of treatment the physician has a sexual relationship with the patient that causes the patient's emotional or psychological symptoms to worsen.»

(a) This Court may consider and decide a case en banc when a majority of the members of this Court determine that consideration and determination by the full Court is warranted based upon the recent or pending release of an opinion which conflicts with a prior opinion of this Court that has not been reversed or disapproved by the Supreme Court.

An en banc proceeding may be initiated by the recommendation of a majority of the judges on the panel issuing or preparing the conflicting opinion.

And this morning at «The Volokh Conspiracy,» Orin Kerr has a post titled «An Analysis of United States v. Comprehensive Drug Testing» that begins, «On December 18th, the en banc 9th Circuit will hear oral argument on an important case involving how the Fourth Amendment applies to the search and seizure of computers.»

Judge Pooler further observes, «By employing the simple tactic of calling for an en banc poll, active judges provide themselves with an opportunity to opine on a case that was never before them.

Access online, on - demand C - SPAN's broadcast of today's en banc oral argument before the U.S. Court of Appeals for the Second Circuit in Maher Arar v. John Ashcroft: You can access the oral argument video by clicking here (RealPlayer required).

We won a substantial victory for US Philips Corporation in a nearly decade - long battle to enforce its recordable / rewritable CD (CD - R / RW) patent rights when the en banc US Court of Appeals for the Federal Circuit, in Princo v. ITC, rejected arguments that Philips» licensing practices constituted patent misuse.