Sentences with phrase «circuit court opinion»

Being a circuit court opinion, it goes into far more depth on the analyses of equal protection and due process, which is worth reading.

The RSS feed of a prominent legal blogger recently carried an item tagged «breaking news» describing an important federal circuit court opinion.

A Seventh Circuit court opinion found that debt collectors» letters to consumers offering to «settle» time - barred debts (that is, debts that would be subject to a successful statute - of - limitations defense) could mislead consumers and, thus, could violate the federal Fair Debt Collection Practices Act (FDCPA).

In terms of coverage, Citer currently covers the following sources: U.S. Code, U.S. Supreme Court and Circuit court opinions, CFR and Federal Register, statutes at large, and federal public laws.

Not exact matches

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 companies.

In short, unless the Court is prepared to think about this issue with greater care than was evinced by the Ninth and Second Circuits» and there is little in its opinions of late to suggest that it has the moral imagination to do so» the question will be not how far we slide down the slippery slope of legally sanctioned killing, but how fast.

What that suggests about the U.S. Court of Appeals for the Ninth Circuit, I do not know, but its March 6 opinion in Compassion in Dying v. State of Washington turned precisely on the point that abortion and assisted suicide share a common rationale.

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.

In 1985, President Ronald Reagan appointed him to the United States Court of Appeals for the Ninth Circuit, where he served for thirty years, writing more than one thousand opinions and dissents.

On May 1, the Sixth Circuit issued a brief opinion, saying the U.S. District Court in Michigan was correct when it kept Gary Johnson, or any other Libertarian Party presidential candidate, off the ballot in November 2012.

The 4th circuit ignored three more recent U.S. Supreme Court opinions which say laws that are seldom used are probably unconstitutional.

In a 54 - page opinion released Thursday, the U.S. Court of Appeals for the 2nd Circuit wrote that while prosecutors had presented enough evidence to justify Silver's convictions, jurors had been wrongly instructed on the action Silver would have to take to make his conduct count as criminal public corruption.

DNR spokesman Bill Cosh said the opinion was being reviewed and that the agency will work with the attorney general's office on the next steps when the case goes back to circuit court.

The U.S. Court of Appeals for the District of Columbia Circuit heard arguments on the Clean Power Plan challenge in September and is expected to issue an opinion sometime next year.

The challengers — an alliance of energy and fossil fuel companies and coal - producing states — wanted the court «to do something that they candidly acknowledge we have never done before: review the legality of a proposed rule,» wrote Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit in an opinion unanimously backed by a three - judge pcourt «to do something that they candidly acknowledge we have never done before: review the legality of a proposed rule,» wrote Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit in an opinion unanimously backed by a three - judge pCourt of Appeals for the District of Columbia Circuit in an opinion unanimously backed by a three - judge panel.

In a unanimous opinion on April 5, a three - judge panel of the San Francisco - based U.S. Court of Appeals for the 9th Circuit reinstated a jury award that a federal magistrate judge threw out in 2002.

In considering whether Arizona was meeting the requirements of the EEOA, Justice Samuel Alito's majority opinion faulted the district court and the Ninth Circuit for focusing on the «narrow question» of funding, and ignoring whether managerial and instructional reforms had brought the state into compliance.

Alexandria, Va. (July 7, 2015)- In an unpublished opinion on July 6, the Court of Appeals for the Ninth Circuit, ruled in favor of Meridian Joint School District, Idaho, finding that the school district had appropriately determined that a student was not eligible for special education services.

«It is important for the U.S. Supreme Court to take this case, as the Ninth Circuit opinion ignores 20 years of precedents on special education law and represents yet another example of a federal agency exceeding its authority over educational decision making,» NSBA Executive Director Thomas J. Gentzel said.

In an opinion written by Chief Justice John G. Roberts Jr., the court reversed an earlier ruling by the U.S. Court of Appeals for the 8th Circuit, in St. Louis, that had upheld Missouri's denial of the gcourt reversed an earlier ruling by the U.S. Court of Appeals for the 8th Circuit, in St. Louis, that had upheld Missouri's denial of the gCourt of Appeals for the 8th Circuit, in St. Louis, that had upheld Missouri's denial of the grant.

[xlv] The Supreme Court declined review [xlvi], so the Ninth Circuit's opinion, despite the change in Oregon's regulation, still stands.

In its July 27 opinion in Kowalski v. Berkeley County Schools, the 4th Circuit court also upheld the right of school administrators to punish such harassing behavior.

Samsung had asked the Court of Appeals for the Federal Circuit to reject this reading, but the court disagreed in a May, 2015 opiCourt of Appeals for the Federal Circuit to reject this reading, but the court disagreed in a May, 2015 opicourt disagreed in a May, 2015 opinion.

...» Secondly, Title VII itself, especially through Section 704 (a)-- as the circuit court's opinion in Emporium Capwell noted — specifically protects the right to protest against racial discrimination in employment by protecting employee protests from employer retaliation.

According to the 1st U.S. Circuit Court of Appeals opinion, in the wake of the 2007 — 2008 financial crisis and the ensuing economic decline, Fidelity fund managers expressed concern about the availability of wrap insurance for Fidelity's various funds, including the MIP, going forward.

In that ruling, the appellate court relied on a 2nd U.S. Circuit Court of Appeals opinion that since the plan terms did not require or encourage fiduciaries to invest primarily in employer stock, the presumption of prudence did not acourt relied on a 2nd U.S. Circuit Court of Appeals opinion that since the plan terms did not require or encourage fiduciaries to invest primarily in employer stock, the presumption of prudence did not aCourt of Appeals opinion that since the plan terms did not require or encourage fiduciaries to invest primarily in employer stock, the presumption of prudence did not apply.

When the Supreme Court struck down segregation in our schools, the Fifth Circuit Court of Appeals followed by issuing a stream of landmark opinions that removed barriers of discrimination in voting, in jury selection, and in employment.

Recent strong dissenting opinions by two D.C. Circuit Court of Appeals judges may persuade the Supreme Court to review one or more of the agency's GHG rules — or even reassess its ruling in Mass. v. EPA.

The Ninth Circuit Court of Appeals opinion invalidating DEA final rules can be downloaded here and directly from the Ninth Circuit Court of Appeals here.

Cognizant of the fact that the executive order could render any decision on CPP legality a mere advisory opinion, the D.C. Circuit Court of Appeals withheld its judgment for at least 60 days as this EPA review was undertaken.

According to attorney Luis Villa, «this is the most change - averse patent opinion the Supreme Court has issued in recent years, and it will leave the Federal Circuit very reluctant to broadly attack entire classes of patents in the near future.

Those of us who practice within the federal courts» first judicial circuit have long had a crapulous craving for the tenebrous pearls of linguistic perlustration emanating over the years from the opinions of now - senior 1st Circuit Judge Bruce M.circuit have long had a crapulous craving for the tenebrous pearls of linguistic perlustration emanating over the years from the opinions of now - senior 1st Circuit Judge Bruce M.Circuit Judge Bruce M. Selya.

Over at the Volokh Conspiracy, Jonathan Adler pointed to an opinion issued by the U.S. Court of Appeals for the D.C. Circuit yesterday, in which the court refreshingly found a way to weave some whimsy into an otherwise not particularly funny inciCourt of Appeals for the D.C. Circuit yesterday, in which the court refreshingly found a way to weave some whimsy into an otherwise not particularly funny incicourt refreshingly found a way to weave some whimsy into an otherwise not particularly funny incident.

The CJEU does not elaborate further on this point, but the Advocate General Sharpston, in her opinion, argued that it should not be «open to the courts in a second Member State to short - circuit the process (and the procedural guarantees offered to the defendant by the national law of the first Member State) by deciding to use what may (or may not) be «new» facts and / or evidence to try that defendant» (§ 59).

The 1st U.S. Circuit Court of Appeals now has RSS Feeds for both its opinions and audio recordings of oral arguments.

The latest appellate iteration of the Procter & Gamble versus Amway spat today produced a lengthy opinion from the U.S. Court of Appeals for the Tenth Circuit.

A three - judge panel of the Atlanta - based 11th U.S. Circuit Court of Appeals issued an unpublished opinion April 11 that affirmed both the jail sentence and a $ 50,000 fine levied by the district cCourt of Appeals issued an unpublished opinion April 11 that affirmed both the jail sentence and a $ 50,000 fine levied by the district courtcourt.

The opinion by U.S. Court of Appeals for the Federal Circuit reversed a 2016 jury decision that Google's usage of the code was fair use under copyright law.

A few months after holding an hourlong oral argument, the 3rd U.S. Circuit Court of Appeals agreed in late July to remand the case to the trial judge, U.S. District Judge Lawrence F. Stengel, who, in turn, agreed to vacate eight of his published opinions and to «direct» Lexis and Westlaw to remove them from their databases.

In doing so, that court set aside precedent from 2006 that many regarded as a controlling opinion on same - sex marriage bans: Citizens for Equal Protection v. Bruning, an Eighth Circuit opinion upholding Nebraska's ban.

Opinion Writing is a classic work by the Honorable Ruggero J. Aldisert, Senior United States Circuit Judge of the United States Court of Appeals for the Third Circuit, and one of the most respected scholars on judicial opinion wOpinion Writing is a classic work by the Honorable Ruggero J. Aldisert, Senior United States Circuit Judge of the United States Court of Appeals for the Third Circuit, and one of the most respected scholars on judicial opinion wopinion writing.

Assisting in all aspects of Circuit Court duties, she drafted court orders and opinions for civil, family, CINA, juvenile and criminal cases, and drafted extensive memoranda on post-conviction proceedings, complex criminal case motions, administrative appeals, family exceptions, in banc reviews and complex civil cCourt duties, she drafted court orders and opinions for civil, family, CINA, juvenile and criminal cases, and drafted extensive memoranda on post-conviction proceedings, complex criminal case motions, administrative appeals, family exceptions, in banc reviews and complex civil ccourt orders and opinions for civil, family, CINA, juvenile and criminal cases, and drafted extensive memoranda on post-conviction proceedings, complex criminal case motions, administrative appeals, family exceptions, in banc reviews and complex civil cases.

Charles R. Wilson, How Opinions Are Developed in the United States Court of Appeals of the Eleventh Circuit, 32 Stetson L. Rev. 247 (2003).

There's FindLaw's Eighth Circuit Blog, our Missouri caselaw offerings, including state Appellate and Supreme Court opinions, and our law firm management guides — all available in just one place.

The sample include fifty briefs filed from February to July of 2011 in the Supreme Court and three circuit courts, as well as opinions from fifty Supreme Court cases in the same time period.111

The author, a judge on the United States Court of Appeals for the District of Columbia Circuit, addresses the audiences for opinions and explains judges» use of rhetoric in judicial opinions as a tool to stay within the constraints placed upon them by law, yet have some room to develop the law in certain ways.

7.5 months after the hearing, the United States Court of Appeals for the Federal Circuit finally handed down its opinion (95 pages including the dissenting opinions) on the «Posner appeal».

-- 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.

But, on the other hand, and perhaps even more importantly as a practical matter, the opinion for the Court in Rita suggests that at least some within - guideline sentences in some cases have to be, at some point, found unreasonable by circuit courts.

A dozen judges (nine federal judges) have used it, including in opinions for the Fifth Circuit, the Supreme Court of Kentucky, several federal district courts and state appellate courts.