Sentences with phrase «by circuit judge»

En banc Sixth Circuit issues Fourth Amendment search warrant ruling: The first paragraph of today's majority opinion, written by Circuit Judge Jeffrey S. Sutton, explains:

The Ninth Circuit decision, over a dissent by Circuit Judge Watford, affirmed a $ 2.7 million sanction award granted under the «inherent authority of the court» without requiring a causal connection between the sanctioned conduct and civil monetary sanction imposed.

In a panel decision written by Circuit Judge Stoll, the court held that statements made during IPR proceedings, including in the patent owner's preliminary response, can be used to construe a patent's claims, and may result in a disclaimer of claim scope if the statements are a clear and unmistakable surrender of claim scope.

The Ninth Circuit en banc panel, with a decision written by Circuit Judge Reinhardt, concluded that such a constitutionally protected liberty interest does exist.

Four other judges joined an opinion by Circuit Judge Timothy B. Dyk, concurring in the denial.

In a 2 - 1 decision written by Circuit Judge Timothy B. Dyk, the Federal Circuit affirmed the PTAB proceedings in all respects.

The registrar refused to rescind the reference having been satisfied by me that the difficult legal questions could be determined by a circuit judge as arbitrator.

An order made by a circuit judge sitting in the county court that a fact finding hearing should be undertaken by a family proceedings court was set aside on six grounds including that a transfer down of a discrete part of proceedings could not be permitted (see Re C (a child)[2008] All ER (D) 168 (Apr)-RRB-.

Aug. 18, 2015)-- authored by Circuit Judge M.D. Smith; discussed in our Aug. 18, 2015 post: California Civil Code § 1717 policy trumps a foreign choice - of - law clause for fee recovery purposes, accepting ABF Capital / Grove Properties over ABF Capital / Berglass approaches by California's intermediate appellate courts.

-- authored by Circuit Judge Hurwitz [majority decision] and concurring opinion by Circuit Judge Reinhardt; discussed in our Oct. 10, 2015 post: District court in Civil Asset Forfeiture Reform Act case which substantially reduced fee request was reversed based upon its reliance on inapt practice area hourly rates, upon its discounts for plaintiff's attorneys not delegating tasks to associates given that only small firms prosecuted these type of cases, and upon its use of stale prior fee awards involving fee claimant's attorneys.

In a 2 to 1 decision written by Circuit Judge Richard Linn, the court ruled that § 271 (a) includes a «single entity rule:»

Cuccinelli's demand was denied by the circuit judge on August 30, 2010.

The ruling by Circuit Judge Marjan Staniec prevents the Village of Niles from taking over the park district.

Mar. 24, 2016)-- joint opinion by Circuit Judges O'Scannlain and Ikuta as well as District Judge Burns (sitting by assignment); discussed in our Mar. 28, 2016 post: Prevailing party in bankruptcy non-dischargeability action is not entitled to recover fees under either California Civil Code section 1717 or ERISA's fee shifting provision.

Likewise, decisions by circuit judges to handle Booker plain error in particular (and diverse) ways reflect a policy judgment, as did the Supreme Court's decision not to resolve the circuit split over Booker plain error standards.

Not exact matches

On Thursday, the Ninth Circuit denied the government's emergency appeal to lift the Temporary Restraining Order (TRO) on Trump's immigration order issued last week by a federal judge in Seattle, indicating in its opinion that Trump's past comments about a «Muslim ban» can be used as evidence for discrimination.

Judge Michelle T. Friedland, who was appointed by President Barack Obama and was one of three judges from the Ninth Circuit presiding over the immigration - ban case, asked Flentje, the DOJ lawyer, whether the government had any evidence connecting the seven nations targeted by the order to terrorism.

«A ruling by a single judge in one circuit can not and does not undo the years of clear legal precedent nationwide establishing that transgender students have the right to go to school without being singled out for discrimination,» said a statement from five groups, including the American Civil Liberties Union (ACLU), that have filed «friend of the court» briefs on behalf of transgender students.

That ruling was upheld by a three - judge panel of the 9th Circuit in San Francisco last week, raising questions about Trump's next step.

The Justice Department urged the Fourth Circuit Court of Appeals in Richmond to lift a stay imposed by a Maryland federal judge March 16th blocking the administration from carrying out the executive order.

Three judges on the Ninth Circuit upheld a restraining order on the first travel ban issued by a Washington state judge.

The nationwide enforcement of sections 5 (a), 5 (b), 5 (c), and 5 (e)-- along with 3 (c)-- was blocked by the Seattle judge's retraining order, which was upheld by the Ninth Circuit on Thursday.

In a decision released by the Baltimore Circuit Court, Judge Martin P. Welch wrote that the 35 - year - old was being granted a new trial because his initial council failed to properly cross-examine an expert from the state about the reliability of cell tower data that seemed to place him at the scene of the crime.

That hearing was followed up by Trump announcing his seventh wave of judicial nominees, an additional 15 names that are about to be submitted to the Senate, bringing the total number of district and circuit court judges he's nominated to roughly 50 — blowing far past the number of judicial nominations made at this stage of a presidency by any recent predecessors.

«Appellants sustained their burden of showing injury by alleging that they paid artificially fixed higher prices,» Circuit Judge Dennis Jacobs wrote for a three - judge appeals court pJudge Dennis Jacobs wrote for a three - judge appeals court pjudge appeals court panel.

Fifth Circuit Judge Edith H. Jones wrote in the majority opinion that the DOL rule «fails the reasonableness test» of the Administrative Procedures Act by extending the department's ERISA authority to one - time IRA rollovers and similar transactions.

New circuit breaker rules for ETFs could be days away and, judging by comments on the SEC's Web site, it's a time of high anxiety for traders.

On 6 August 2013, Federal Judge Amos Mazzant of the Eastern District of Texas of the Fifth Circuit ruled that bitcoins are «a currency or a form of money» (specifically securities as defined by Federal Securities Laws), and as such were subject to the court's jurisdiction, [274][274] and Germany's Finance Ministry subsumed bitcoins under the term «unit of account» — a financial instrument — though not as e-money or a functional currency, a classification nonetheless having legal and tax implications.

On the first of two appeals to the Ninth Circuit, Judge Rothstein's opinion ran into a three - judge panel headed by the formidable John Noonan, a prolific author and scholar who has spent a lifetime studying common, canon, and naturalJudge Rothstein's opinion ran into a three - judge panel headed by the formidable John Noonan, a prolific author and scholar who has spent a lifetime studying common, canon, and naturaljudge panel headed by the formidable John Noonan, a prolific author and scholar who has spent a lifetime studying common, canon, and natural law.

The Fifth Circuit Court of Appeals reversed the ruling on Friday, saying the family had not persuaded the three - judge panel «that the individual prayers or other remarks to be given by students at graduation are, in fact, school - sponsored.»

• In response to my recent reflection on Santayana (FT February), Judge John T. Noonan of the Ninth Circuit sends along a verse by Wallace Stevens with which I was not familiar.

As a judge in the Tenth Circuit Court of Appeals, Gorsuch wrote a concurring opinion supporting Hobby Lobby's contraception mandate exemption — a ruling ultimately upheld by the Supreme Court.

The last - minute rewrite prompted a federal judge in September to dismiss challenges by Wheaton College and Belmont Abbey, but the D.C. Circuit Court of Appeals agreed to consider the cases.

The Associated Press reports that Franklin County Circuit judge Thomas Wingate ruled yesterday that the Florida - based organization run by Christian Care Ministry must acquire approval from the Kentucky Department of Insurance before it can continue operations in the state.

The 2nd Circuit reinstated Brady's DeflateGate suspension in April by a 2 - 1 vote, overturning a federal judge's decision to vacate his ban.

Judge Wilken, and later three judges on the U.S. Court of Appeals for the Ninth Circuit, concluded that the NCAA and its nearly 1,300 members violated antitrust law by unlawfully conspiring to prevent players from negotiating the monetary value of their names, images and likenesses.

Wednesday's decision to move the case by U.S. District Judge Karen Schreier in Sioux Falls, South Dakota, is a defeat for ABC News, a unit of Walt Disney Co, and returned the lawsuit by Beef Products Inc (BPI) and two affiliates back to the Union County Circuit Court in that state.

He said that Burroughs had been sworn in before Circuit Court Judge Arthur Dunne issued a stay order on Washington appointments that were approved May 9 by the City Council and that the Netsch appointment, approved June 6, was not covered by the order and not subject to a legal challenge.

DuPage Circuit Judge Bonnie Wheaton late last week dismissed the suit filed by the Pierce Downer's Heritage Alliance.

He was stripped of power by allies of Mayor Harold Washington three weeks ago in a move affirmed last week by a Cook County Circuit Court judge.

CHICAGO — A permanent injunction helping to clear the way for the reopening of Meigs Field was issued Tuesday by Cook County Circuit Judge Dorothy Kinnaird.

A permanent injunction helping to clear the way for the reopening of Meigs Field was issued Tuesday by Cook County Circuit Judge Dorothy Kinnaird.

A circuit court judge's decision in favor of the sale was then appealed by the group, according to the documents.

Ryan is to appear Tuesday before Judge Edwin Berman in Cook County Circuit Court to ask for the same type of order Berman issued Jan. 8 that ordered cemeteries to permit burial of Jews who already own burial plots in the cemeteries affected by the strike and lockout.

This was at a time when the appointing authorities were not privy to the alleged acts of misconduct or wrongdoings brought against him and 21 Circuit Court Judges and Magistrates who have been referred to the Chief Justice to be dealt with in accordance with Article 151 of the 1992 Constitution by tigereyepi for alleged stated misbehaviour.

The High Court, presided over by Court of Appeal judge, Justice Dominic Dennis Adjei, ruled that it was improper for police officers desiring to stop a street protest, to obtain an injunction from the Circuit Court.

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.

While a Daley - connected circuit judge, Thomas Kluczynski (who would later be appointed a federal judge by Kennedy, at Daley's recommendation), threw out a federal lawsuit «filed to contend» the voting totals, [42] the Republican - dominated State Board of Elections unanimously rejected the challenge to the results.

Silver was convicted of using his political influence for political favors; the conviction was tossed last summer, when appellate judges in the 2nd Circuit ruled that the definition of «official acts» had been changed by a previous Supreme Court decision in the public corruption case of former Virginia Governor Bob McDonnell.

The United States Court of Appeals for the Second Circuit in Manhattan concluded, in light of the Supreme Court's narrower definition, that the jury instructions given by the judge in Mr. Silver's trial were erroneous and that a properly instructed jury might not have convicted him.