Sentences with phrase «by a federal appeals court which»

Not exact matches

Some would be directly affected by the policy, which the government can't enforce because of federal appeals court rulings against it.

The pirmary issue, which has yet to be decided by the NLRB and potentially in federal appeals courts, is who can now be considered a joint employer.

The opinion, issued by the U.S. Court of Appeals for the Federal Circuit, strikes down a legislative provision, first enacted in 1986 and renewed numerous times since, which sets a goal that 5 percent of federal defense contracting dollars each fiscal year must be awarded to certain entities, including small disadvantaged comFederal Circuit, strikes down a legislative provision, first enacted in 1986 and renewed numerous times since, which sets a goal that 5 percent of federal defense contracting dollars each fiscal year must be awarded to certain entities, including small disadvantaged comfederal defense contracting dollars each fiscal year must be awarded to certain entities, including small disadvantaged companies.

A practicing lawyer, advising a legislative committee or governor, would predict the following: the law would meet immediate legal challenge and be struck down by a federal district court, which would be affirmed by the court of appeals.

The High Court had granted the Commonwealth of Australia special leave to appeal the decision in Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59 (1 May 2015), in which the Full Federal Court concluded that they should not have any regard to the figures agreed by the parties in relation to penalties.

The Supreme Court had on Friday dismissed an appeal filed by the governor challenging the verdict of an Abuja Federal High Court which ruled in favour of Akeredolu's opponent in the primaries that produced, Mr. Segun Adams.

However, the travel ban, which is currently on hold because of a decision by the federal 9th Circuit Court of Appeals, has other elected officials in the county, specifically Democrats, worried about Astorino's support for the ban and that it does in fact unfairly target Muslims.

Silver's 2015 conviction on corruption charges was overturned last month by a federal appeals court, which remanded the case back to a lower court for retrial.

The Lagos Division of the Court of Appeal on Friday nullified a ruling by the Federal High Court (FHC) which prohibited the arrest of Buruji Kashamu by Nigerian law enforcement agencies.

The appeal court panel led by Yargata Nimpar overturned the ruling which was delivered by Okon Abang of the Federal High Court in court panel led by Yargata Nimpar overturned the ruling which was delivered by Okon Abang of the Federal High Court in Court in 2015.

In a win for ultra-orthodox Jewish sects, a federal appeals court ruled a NYC regulation, which requires parental consent before a mohel is allowed to suck blood from an infant's circumcised penis, must pass a stricter constitutional test than was applied by the lower court.

The appeal is challenging the orders made by Justice Okon Abang of the Federal High Court in Abuja on June 29 and October 14, 2016, which the Independent National Electoral Commission acted on by dropping Jegede and replacing him with Ibrahim as the party's standard bearer in the forthcoming election in the state.

As expected former state Senate Majority Leader Joe Bruno's attorneys have filed an appeal of his January 2009 indictment on federal corruption charges, arguing in part that the theft of honest services statute under which he was convicted has been invalidated by the US Supreme Court.

The Lagos Division of the Court of Appeal on Friday nullified a ruling by the Federal High Court (FHC) which prohibited the arrest of Senator Buruji Kashamu by Nigerian law enforcement agencies.

The Court of Appeal has fixed July 12, 2017 to hear an appeal filed by the wife of ex-President Goodluck Jonathan to challenge the interim order of the Federal High Court in Lagos which temporarily froze her Skye Bank account with a balance of $ Appeal has fixed July 12, 2017 to hear an appeal filed by the wife of ex-President Goodluck Jonathan to challenge the interim order of the Federal High Court in Lagos which temporarily froze her Skye Bank account with a balance of $ appeal filed by the wife of ex-President Goodluck Jonathan to challenge the interim order of the Federal High Court in Lagos which temporarily froze her Skye Bank account with a balance of $ 5.9 m.

The Eddy Olafeso - led faction of the party in the zone had appealed a November 8 ruling by the Federal High Court, Ado - Ekiti, which declared the Ogundipe - led executive as the authentic leadership of the party in the zone and forbade the Olafeso - led group from parading itself as members of the South West zonal exco and from participating in the forthcoming national convention as representatives of the zonal exco.

Attorneys on both sides have argued that prior rulings by New York's Court of Appeals, which lay the foundation for the state laws that apply in the federal case, break in their favor.

Saraki's appeal filed through his lead counsel, Mr. Joseph Daudu (SAN), is challenging the majority judgment of the Court of Appeal in Abuja delivered on October 30, 2015, which affirmed the jurisdiction of the CCT to try him and the competence of the charges of false assets declaration preferred against him by the Federal Goverappeal filed through his lead counsel, Mr. Joseph Daudu (SAN), is challenging the majority judgment of the Court of Appeal in Abuja delivered on October 30, 2015, which affirmed the jurisdiction of the CCT to try him and the competence of the charges of false assets declaration preferred against him by the Federal GoverAppeal in Abuja delivered on October 30, 2015, which affirmed the jurisdiction of the CCT to try him and the competence of the charges of false assets declaration preferred against him by the Federal Government.

A five - man panel of the apex court led by Justice Tanko Muhammad unanimously affirmed the February 20, 2015, judgment of the Court of Appeal in Lagos which had overturned the Federal High Court's decision striking out the chacourt led by Justice Tanko Muhammad unanimously affirmed the February 20, 2015, judgment of the Court of Appeal in Lagos which had overturned the Federal High Court's decision striking out the chaCourt of Appeal in Lagos which had overturned the Federal High Court's decision striking out the chaCourt's decision striking out the charges.

Aminu Sule Lamido, the 34 year old son of former Jigawa State governor, Alhaji Sule Lamido, had his appeal struck out on Monday by an appellate court sitting in Kaduna against the decision of the Federal High Court, Kano which found him guilty of the charge of money laundering brought against him by the Economic and Financial Crimes Commission, court sitting in Kaduna against the decision of the Federal High Court, Kano which found him guilty of the charge of money laundering brought against him by the Economic and Financial Crimes Commission, Court, Kano which found him guilty of the charge of money laundering brought against him by the Economic and Financial Crimes Commission, EFCC.

EFCC Kicks Against Bail for Agbele The Economic and Financial Crime Commission has said it will immediately appeal the ruling of a Federal Capital Territory High Court which today granted bail to one Abiodun Agbele, a suspect who is being investigated by the Commission for a range of alleged criminal infractions bordering on fraud and -LSB-...]

It read, «The Court of Appeal Benin City sat in judgment, 5th July 2017, over a pending appeal challenging the ruling of Federal High Court, Warri which vacated the APC Delta State Exco led by Prophet Jones Ode Erue, and also authorised a repeat ConAppeal Benin City sat in judgment, 5th July 2017, over a pending appeal challenging the ruling of Federal High Court, Warri which vacated the APC Delta State Exco led by Prophet Jones Ode Erue, and also authorised a repeat Conappeal challenging the ruling of Federal High Court, Warri which vacated the APC Delta State Exco led by Prophet Jones Ode Erue, and also authorised a repeat Congress.

The Court of Appeal Panel led by Justice Ibrahim Salauwa, which was set up to determine the appeals filed by Makarfi and Jegede against the judgment given by Justice Okon Abang of the Federal High Court, which INEC relied on to pick Mr. Jimoh Ibrahim, adjourned all proceedings indefinitely.

These companies, which profit by legally enforcing patents they own rather than developing products, may benefit from a 31 August ruling at a US federal court of appeal in Washington DC.

However, the suit went to the Court of Appeals, which reversed the dismissal when it ruled that Sherley and Deisher were harmed by Obama's policy; as they only worked with adult stem cells, theoretically they would have to deal with increased federal funding competition (due to an increase in hESC research).

June 14, 2016 • A federal court of appeals delivered a massive blow to Internet service providers in their legal battle against so - called net neutrality rules, which tightened regulatory oversight of the industry by the Federal Communications Commfederal court of appeals delivered a massive blow to Internet service providers in their legal battle against so - called net neutrality rules, which tightened regulatory oversight of the industry by the Federal Communications CommFederal Communications Commission.

The law, known as the Gun - Free School Zones Act, was struck down last fall by the U.S. Court of Appeals for the Fifth Circuit, which said that Congress exceeded its authority under the commerce clause of the Constitution when it made gun possession near public or private schools a federal offense.

That shift was made possible by the 1965 2nd Circuit Court of Appeals decision, which, for the first time, granted environmental litigants standing to sue in federal cCourt of Appeals decision, which, for the first time, granted environmental litigants standing to sue in federal courtcourt.

On December 6, 2010, the Supreme Court said it will hear an appeal from defendant electric utilities, agreeing to consider ending the federal lawsuit by eight states, which asks a federal judge to order reductions in the emissions in plants in 20 states.

«That panel decision was subsequently affirmed by the U.S. Court of Appeals for the Federal Circuit, which set aside an $ 86.5 million infringement verdict won by the company,» says the NLJ.

The latest procedural dispute between Apple and Google (Motorola) is over which U.S. appeals court — the Federal Circuit or the Seventh Circuit — should hear the parties» cross-appeal of a FRAND contract ruling handed down in November 2012 by the United States District Court for the Western District of Wiscocourt — the Federal Circuit or the Seventh Circuit — should hear the parties» cross-appeal of a FRAND contract ruling handed down in November 2012 by the United States District Court for the Western District of WiscoCourt for the Western District of Wisconsin.

However, a court may reduce (modify) to include any of the requirements relating to probation and community control, a legal sentence imposed by it within 60 days of its imposition; after the receipt by the court of a mandate issued by the appellate court upon affirmance of the judgment and / or sentence upon an original appeal; after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and / or sentence; or if further appellate review is sought in a higher court or in successively higher courts, after the highest state or federal court to which a timely appeal has been taken under authority of law, or when a petition for certiorari has been timely filed under authority of law, has written an order of affirmance or an order dismissing the appeal and / or denying certiorari.

A lengthy procedural history included Ms. Johnstone's complaint being initially dismissed by the Canadian Human Rights Commission, which decision was subsequently considered by the Federal Court on judicial review (2007 FC 36), and then by the Federal Court of Appeal (2008 FCA 101).

«After eight years of Republican majorities and relatively well - balanced NLRB decisions, most of which were accepted by the federal circuit courts of appeals, the Obama Administration will usher in a new Democratic, pro-union majority set to reverse Bush Board decisions and much more,» says the report, The National Labor Relations Board in the Obama Administration: What Changes to Expect.

«Comprehensive federal statutory schemes, such as the SDWA, preclude rights of action under Section 1983 for alleged deprivations of constitutional rights in the field occupied by the federal statutory scheme,» the appeals court wrote in Mattoon, which stemmed from a lawsuit on behalf of 68 Berkshire County, Massachusetts, residents who alleged they came down with giardiasis, commonly known as «beaver fever,» after drinking contaminated water.

But the 4th U.S. Circuit Court of Appeals at Richmond, Virginia, held that the hearing was prohibited by the Antiterrorism and Effective Death Penalty Act, which provides that if a federal habeas petitioner has «failed to develop the factual basis of a claim in state court proceedings,» a federal habeas court «shall not hold an evidentiary hearing on the claim» regardless of the reasons for this faiCourt of Appeals at Richmond, Virginia, held that the hearing was prohibited by the Antiterrorism and Effective Death Penalty Act, which provides that if a federal habeas petitioner has «failed to develop the factual basis of a claim in state court proceedings,» a federal habeas court «shall not hold an evidentiary hearing on the claim» regardless of the reasons for this faicourt proceedings,» a federal habeas court «shall not hold an evidentiary hearing on the claim» regardless of the reasons for this faicourt «shall not hold an evidentiary hearing on the claim» regardless of the reasons for this failure.

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.

He explains, «I have suggested that weighting the number of decisions of a federal court of appeals by the number of citations to those decisions by other courts of appeals, which is to say courts not bound as a matter of stare decisis to follow the cited court's decisions, yields a meaningful measure of judicial output.»

Specifically, the Tribunal held that the test for discrimination was the same in all cases and expressly rejected the family status test set out by the Federal Court of Appeal in Johnstone, which it viewed as creating a higher standard for family status claims than cases based on other forms of discrimination.

The adjudicator's decision was overturned on appeal by the Federal Court, which held that an employer can dismiss an employee without cause so long as it gives notice or pay in lieu of notice in accordance with the Code.

The U.S. Court of Appeals for the Federal Circuit has denied a petition for a writ of mandamus vacating an order by a federal district court in Delaware which denied a motion to dismiss or transfer a patent infringement suit against a Taiwanese corporation for improper Court of Appeals for the Federal Circuit has denied a petition for a writ of mandamus vacating an order by a federal district court in Delaware which denied a motion to dismiss or transfer a patent infringement suit against a Taiwanese corporation for impropeFederal Circuit has denied a petition for a writ of mandamus vacating an order by a federal district court in Delaware which denied a motion to dismiss or transfer a patent infringement suit against a Taiwanese corporation for impropefederal district court in Delaware which denied a motion to dismiss or transfer a patent infringement suit against a Taiwanese corporation for improper court in Delaware which denied a motion to dismiss or transfer a patent infringement suit against a Taiwanese corporation for improper venue

This reading appears to have been endorsed by the Saskatchewan Court of Appeal in its 2016 decision Peter Ballantyne Cree Nation v Canada (Attorney General), a case in which federal «interjurisdictional immunity» was raised in an attempt to defeat the application of provincial limitation periods.

The procedure for determining equivalency was determined by the Canadian Federal Court of Appeal, which held that the essential elements must be determined by the precise statutory words used.

This later patent (No. 5,946,647 shown below) has just now been returned to the Samsung litigation based upon an order by the U.S. Court of Appeals for the Federal Circuit, which in an opinion last Friday (April 25, 2014) revived the patent by affirming a claim construction by Judge Richard A. Posner from a different case by Apple against Motorola — Judge Posner's claim construction contrasted with that of Judge Luch Koh in the Samsung litigation.

The Court of Appeal concluded that the provincial legislation interfered with the federal subject matter, which was not permissible, and declared that the Manufactured Home Park Tenancy Act is constitutionally inapplicable to any landlord and tenant relationship created by lease on Sechelt's lands.

The Federal Court of Appeal held that whether an adjudicator has a legal obligation to consider an argument is part of his or her duty of procedural fairness — which is assessed by the courts on a standard of correctness.

The primary basis for this conclusion was the 2011 decision of the Federal Court of Appeal in Corlac Inc v Weatherford Canada Inc., 2011 FCA 228 which in the relevant portion focused on statements made by an applicant to the patent office during prosecution.

Stratas cites the SCC's recent decision in Kanthasamy v. Canada (Citizenship and Immigration)(in which the court set aside the rejection of a humanitarian residency application) as a «baffling» case where the court flouted its own principle of «legislative supremacy» by ignoring Parliament's expressly stated intent that the Federal Court of Appeal should have the final say in the macourt set aside the rejection of a humanitarian residency application) as a «baffling» case where the court flouted its own principle of «legislative supremacy» by ignoring Parliament's expressly stated intent that the Federal Court of Appeal should have the final say in the macourt flouted its own principle of «legislative supremacy» by ignoring Parliament's expressly stated intent that the Federal Court of Appeal should have the final say in the maCourt of Appeal should have the final say in the matter.

Administrative law — Judicial review — Municipal law — Taxation — Real property tax — Payments made by Federal Crown in lieu of real property tax — Assessed value of Halifax Citadel — Whether the Federal Court of Appeal erred in holding that the Minister is unconstrained by the assessed value of the property determined by the assessment authority in determining the property value of a federal property for purposes of the PILT Act — Whether the Federal Court of Appeal erred in holding that the Minister acted reasonably in determining the property value of the Halifax Citadel lands (adopting the determination of the Dispute Advisory Panel appointed under the Act), and in particular in valuing the portion of the lands upon which are located improvements which are exempt from payments in lieu of taxes, representing 47 of 49 acres of the site, at $ 10 — Whether the Court should consider the present case as it raises similar issues as Montréal (City) v. Montréal Port Authority 2010 SCC 14, [2010] 1 S.C.R. 427, but from the perspective of assessed value — Payments in Lieu of Taxes Act, R.S.C. 1985, c. Federal Crown in lieu of real property tax — Assessed value of Halifax Citadel — Whether the Federal Court of Appeal erred in holding that the Minister is unconstrained by the assessed value of the property determined by the assessment authority in determining the property value of a federal property for purposes of the PILT Act — Whether the Federal Court of Appeal erred in holding that the Minister acted reasonably in determining the property value of the Halifax Citadel lands (adopting the determination of the Dispute Advisory Panel appointed under the Act), and in particular in valuing the portion of the lands upon which are located improvements which are exempt from payments in lieu of taxes, representing 47 of 49 acres of the site, at $ 10 — Whether the Court should consider the present case as it raises similar issues as Montréal (City) v. Montréal Port Authority 2010 SCC 14, [2010] 1 S.C.R. 427, but from the perspective of assessed value — Payments in Lieu of Taxes Act, R.S.C. 1985, c. Federal Court of Appeal erred in holding that the Minister is unconstrained by the assessed value of the property determined by the assessment authority in determining the property value of a federal property for purposes of the PILT Act — Whether the Federal Court of Appeal erred in holding that the Minister acted reasonably in determining the property value of the Halifax Citadel lands (adopting the determination of the Dispute Advisory Panel appointed under the Act), and in particular in valuing the portion of the lands upon which are located improvements which are exempt from payments in lieu of taxes, representing 47 of 49 acres of the site, at $ 10 — Whether the Court should consider the present case as it raises similar issues as Montréal (City) v. Montréal Port Authority 2010 SCC 14, [2010] 1 S.C.R. 427, but from the perspective of assessed value — Payments in Lieu of Taxes Act, R.S.C. 1985, c. federal property for purposes of the PILT Act — Whether the Federal Court of Appeal erred in holding that the Minister acted reasonably in determining the property value of the Halifax Citadel lands (adopting the determination of the Dispute Advisory Panel appointed under the Act), and in particular in valuing the portion of the lands upon which are located improvements which are exempt from payments in lieu of taxes, representing 47 of 49 acres of the site, at $ 10 — Whether the Court should consider the present case as it raises similar issues as Montréal (City) v. Montréal Port Authority 2010 SCC 14, [2010] 1 S.C.R. 427, but from the perspective of assessed value — Payments in Lieu of Taxes Act, R.S.C. 1985, c. Federal Court of Appeal erred in holding that the Minister acted reasonably in determining the property value of the Halifax Citadel lands (adopting the determination of the Dispute Advisory Panel appointed under the Act), and in particular in valuing the portion of the lands upon which are located improvements which are exempt from payments in lieu of taxes, representing 47 of 49 acres of the site, at $ 10 — Whether the Court should consider the present case as it raises similar issues as Montréal (City) v. Montréal Port Authority 2010 SCC 14, [2010] 1 S.C.R. 427, but from the perspective of assessed value — Payments in Lieu of Taxes Act, R.S.C. 1985, c. M - 13.

2013 — Fresenius v. Baxter (Federal Circuit Court of Appeals) Significant appellate decision in patent infringement case for Fresenius, ending long - standing litigation which included reexamination by the PTO.