The U.S. Supreme Court, in Goodyear Tire & Rubber Co. v. Haeger, No. 15 - 1406 (SCOTUS April 18, 2017), clarified the standard to be used
by district judges in imposing «inherent power of the court to control judicial process» sanctions as far as setting an appropriate amount of sanctions, reversing a $ 2.7 million sanctions award in favor of plaintiff and against defendant Goodyear after a case was settled.
Decisions
by some district judges to give the guidelines heavy weight obviously reflect a kind of policy judgment, as do decisions to apply a particular burden of proof or to increase a sentence based on acquitted conduct.
On this question, we agree with the views expressed
by District Judges Kennedy and Gubow.
Supporting comments included: «There is a perception that minor breaches will be overlooked
by district judges in the interests of costs / delay.»
«Her comments echoed those a day earlier
by District Judge Jonathan Feinstein when he highlighted the absence of parents at hearings in Manchester.
He added: «The result of the approach taken
by the district judge and Court of Appeal... is that someone providing bespoke goods must provide goods at the request of the customer, provided that is not unlawful - however offensive.»
Mr Justice McCombe's ruling at the high court, which upheld a ruling originally made
by a district judge at Salford magistrates court, is to be challenged at the supreme court.
Omaha, Nebraska: Former United States Senator Bob Kerrey will be appearing on the Nebraska Democratic primary ballot in May due to a ruling
by District Judge Steven Burns of Lancaster County.
The ruling
by District Judge John W. Coughlin in Denver was a victory for the state's charter law as well as for the proposed Thurgood Marshall Middle School, which is being spearheaded by Cordia Booth, a longtime teacher in the public schools.
In Pounds v Pounds [1994] 1 FLR 775 the Court of Appeal held that a consent order could be approved
by a district judge as part of his «directions for trial» when approving the special procedure documents for divorce.
A circuit judge hearing might possibly be the answer to a party's argument that the case is too complex to be dealt with
by a district judge in the small claims track and should be allocated upwards (see CPR 26.1).
The judge's order had been to adjust property so as to preserve the district judge's proportions but to reformulate his errors in computation of the couple's debt and to reflect «the change in the landscape from that surveyed
by the district judge», upon sale of the business.
Today, the fallout from Chambers» Twitter joke grew even worse, as he was found guilty
by District Judge Jonathan Bennett of sending a menacing electronic communication contrary to the Communications Act of 2003.
This argument was not permitted by the court as it had not been raised in the case stated prepared
by the district judge and no application had been made by the appellant to amend that document.
There is no suggestion that the material viewed
by District Judge Timothy Bowles, Immigration Judge Warren Grant, and Deputy District Judge and Recorder Peter Bullock included illegal content.
In December 2009, an arrest warrant was issued
by a district judge at Westminster magistrates» court against Tsipi Livni, leader of the opposition in the Israeli parliament, who was accused of committing war crimes: planning the assault on Gaza in December 2008 in which about 1,300 Palestinians were killed.
I take no pleasure, truly, for having accurately predicted the outcome in answer to a question put directly to
me by District Judge Beresford at the Association of Costs Lawyers Manchester conference a month before.
The Court found that the Second Circuit's test was effectively a presumption against granting fees by focusing solely on objective reasonableness, a much too rigid test requiring a «redo»
by the district judge.
Discovery will last approximately 4 months and the final pretrial conference will be held
by the district judge about a week after the close of discovery.
Howard Bashman on a very unusual Eighth Circuit opinion in which the en banc court defends itself against an implicit charge of racism made
by the district judge.
Rules 11 and 12 make provision for the chairmanship of youth courts (requiring that a youth court that includes lay justices should be chaired
by a district judge if he is sitting as a member of the court, or by a youth justice who is on the list of approved youth court chairmen).
This is before the claimant can issue proceedings; Subject only to any delay caused by completion of the medical evidence the whole process can be concluded in two to three months; There will be a presumption of a paper hearing
by the district judge if the claim can not be resolved between the parties using modified Pt 8 type proceedings; There will be fixed interim payments if the claim does not settle promptly; Contributory negligence arguments around seatbelt issues are to be determined by fixed deductions from damages.
The creation of these divorce centres provided a centralised system where all uncontested petitions can be prepared and made ready for decree nisi consideration by a legal adviser, supervised
by a district judge.
The decision to strike out required a considerable element of courage
by the district judge.
Justice Scalia's approach is consistent with the recent consideration of a similar point
by District Judge Spencer sitting in Leeds in Miller v Garton Shires [2007] PNLR 273.
The Court of Appeal upheld the approach taken
by the district judge when it gave judgment on 25 October 2006 -LRB-[2006] EWCA Civ 1386), some four months before the appeal in Scott was argued before the US Supreme Court.
Outside London, hearings are heard
by a District Judge.
The son's original application had been struck out
by the District Judge, and the son subsequently appealed that decision, this being the subject of the current proceedings.
Not exact matches
WASHINGTON, May 1 - A
District of Columbia federal
judge dismissed a lawsuit brought by state bank regulators against the U.S. District Judge Dabney Friedrich wrote in her decision tossing out the case, issued late on Mo
judge dismissed a lawsuit brought
by state bank regulators against the U.S.
District Judge Dabney Friedrich wrote in her decision tossing out the case, issued late on Mo
Judge Dabney Friedrich wrote in her decision tossing out the case, issued late on Monday.
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.
U.S.
District Court
Judge William Conley on Tuesday ruled that Apple should pay $ 506 million in damages for allegedly infringing a patent owned
by the Wisconsin Alumni Research Foundation (WARF).
The ruling
by U.S.
District Judge Susan Bolton on Friday was on the last of seven challenges to the 2010 law.
Trump's lawyers had filed a motion to prevent her from testifying, according to court documents reviewed
by Fortune, but the
district judge, Katherine B. Forrest of the Southern District of New York, denied the
district judge, Katherine B. Forrest of the Southern
District of New York, denied the
District of New York, denied the motion.
Flynn's sentencing will now be overseen
by US
District Court
Judge Emmet Sullivan.
Early on Thursday, U.S.
District Judge Theodore Chuang issued a nationwide preliminary injunction in a similar case in Maryland brought
by refugee resettlement agencies represented
by the American Civil Liberties Union and the National Immigration Law Center.
Trump last month issued an executive order, since suspended
by a U.S.
district judge, that temporarily barred travelers from seven mostly Muslim countries including Syria, as well as imposing an indefinite ban on all Syrian refugees.
Since the OCC has not reached a final decision on the fintech charters, the claim of harm
by the Conference of State Bank Supervisors (CSBS) was speculative, U.S.
District Judge Dabney Friedrich wrote in her decision tossing out the case, issued late on Monday.
A U.S.
district court
judge ruled that Marvel Comics — purchased
by Disney in 2009 — will retain rights to those heroes and Kirby's many other creations.
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.
In 2008, PCWorld magazine reported that a U.S.
District Court
judge ordered the cancellation of a Defcon talk
by three MIT students who planned to reveal design flaws in the Massachusetts Bay Transportation Authority's electronic ticketing system.
Monday's decision overturned a March 2013 dismissal
by U.S.
District Judge Naomi Reice Buchwald in Manhattan of antitrust claims that could justify triple damages.
The company «seems to believe» that the lawsuit should be pursued
by individuals, not as a group, because «damages could amount to billions of dollars,» U.S.
District Judge James Donato wrote in the ruling.
The decision
by U.S.
District Judge Robin Rosenberg comes four months after a jury rejected James Tracy...
The ruling, delivered Monday, May 15,
by U.S.
District Judge William Alsup, put Uber on the losing end of the battle, slowing its plight in the race to dominate the burgeoning self - driving industry, which market analysts believe could be worth billions of dollars in the long run.
Fortunately, U.S.
District Judge Mark Walker said the process was «unconstitutional» and ordered it to be changed
by April 26.
A
District of Columbia federal
judge dismissed a lawsuit brought
by state bank regulators against the U.S. Comptroller of the Currency over its proposal to offer charters that would let so - called fintech companies do business nationwide.
NRF and its members won a major victory in 2013 when U.S.
District Court
Judge Richard Leon ruled that the cap went beyond the «reasonable» and «proportional» level ordered
by Congress.
The first oral arguments in the string of lawsuits filed against DOL's fiduciary rule were heard on Aug. 25
by Judge Randolph Moss, U.S. District judge for the District of Columbia, in the case brought by the National Association for Fixed Annui
Judge Randolph Moss, U.S.
District judge for the District of Columbia, in the case brought by the National Association for Fixed Annui
judge for the
District of Columbia, in the case brought
by the National Association for Fixed Annuities.
Next up in the fiduciary rule legal battle is the preliminary injunction requested
by insurer Market Synergy on Sept. 21 before
Judge Daniel D. Crabtree in the
District of Kansas, which Sweeney says is «historically a more hostile venue» for the DOL.
Ackman's allegations aren't evidence that Herbalife committed fraud, so investor Abdul Awad and two pension funds that joined his suit can't show that losses they suffered were caused
by the company's alleged misrepresentations, U.S.
District Judge Dale S. Fischer in Los Angeles wrote in a March 16 ruling.