Sentences with phrase «circuit judges on the panel»

However, all circuit judges on the panel agreed that the fee award was justified, given the district judge found Omega was trying to exert unwarranted control over watches where copyright protection did not exist — a rationale allowing for fee shifting by the lower federal court.

Not exact matches

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.»

The new panel of the United States Court of Appeals for the Seventh Circuit agreed with a lower court judge who ruled last summer that prosecutors had coerced Dassey into his video - taped confession, which was played on the show.

Silver's attorney, Steven Molo, relied on the McDonnell case — which drastically narrowed the definition of corruption — when arguments began before a three - judge panel of the Second Circuit Court of Appeals in Manhattan on Thursday, the New York Times reported.

On March 6, a 3 - judge panel of the Ninth Circuit had ruled that the party does have standing to challenge the residency Read more»

On Wednesday, a three - judge panel of the 2d US Circuit Court of Appeals ruled that pensions of convicted lawmakers can be seized — even though the state Constitution prevents those egg nests from being «diminished or impaired.»

A three - judge panel on the U.S. Court of Appeals for the 9th Circuit ordered the Pentagon on Wednesday to cease investigations and discharges of service members in violation of the ban on gays serving openly in the military.

«It's inconceivable the jury said we have reasonable doubt on that part, since legislation was enacted, but instead convicted based on meetings,» said the head of the 2d U.S. Circuit Court of Appeals panel, Judge Reena Raggi.

A panel of judges from the U.S. Ninth Circuit Court of Appeals is expected to rule this week on whether a temporary halt placed on the order by a federal district judge should be kept in place.

A three - judge panel of the 9th Circuit Court of Appeals recently ruled that San Diego County's restrictions on concealed carry permits are unconstitutional.

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 a 3 - 2 ruling on June 16, the U.S. Court of Appeals for the 1st Circuit reversed a decision by a three - judge panel of the same court last October that had struck down the district's student - assignment policy as unconstitutionally discriminatory.

A three - judge panel on the Second Circuit ruled decisively for the software giant against the Authors Guild, a professional group of published writers which had alleged Google's scanning of library books and displaying of free «snippets» online violated its members's copyright.

On the grounds that Judge Denise Cote's decision to move forward with the classification and damages phases of the trial on going case, Apple managed to win a stay by the three - judge panel of the Second Circuit court, at least for noOn the grounds that Judge Denise Cote's decision to move forward with the classification and damages phases of the trial on going case, Apple managed to win a stay by the three - judge panel of the Second Circuit court, at least forJudge Denise Cote's decision to move forward with the classification and damages phases of the trial on going case, Apple managed to win a stay by the three - judge panel of the Second Circuit court, at least for noon going case, Apple managed to win a stay by the three - judge panel of the Second Circuit court, at least forjudge panel of the Second Circuit court, at least for now.

This argument is based on a legal theory that has never been tested before, and the outcome — at least at the first stage of the litigation — may be heavily influenced by which three judges happen to be randomly assigned to sit on the panel that hears the case; a broad range of political viewpoints are represented on the U.S. Court of Appeals for the District of Columbia Circuit, which hears such cases.

Pai may have a difficult road ahead, as the United States Court of Appeals for the District of Columbia Circuit upheld the government's position on net neutrality rules in a 2 - to - 1 decision from a three - judge panel just this past year.

And D.C. Circuit Judge David Tatel (who was not on the panel) is blind.

A circuit court normally hears cases before a 3 - judge panel; that panel's decision is normally binding precedent in federal courts throughout the circuit, including on future panels of the same circuit.

Last month, a panel of judges on the 9th Circuit held that the Winkelvi were stuck with the cash and stock settlement (valued at over $ 65 million) they had negotiated back in 2008 to resolve their now - famous lawsuit against Facebook founder Mark Zuckerberg.

You draw a panel with two circuit judges on opposite ends of the ideological spectrum, with no idea how the district judge might rule, and in any event your case might get en banc granted.

Occasionally, a judge or panel from the United States Court of Appeal for the Eleventh Circuit will ask us to represent a party on appeal.

On this highly important matter, the Federal Circuit ruling contains as many opinions as there were judges on the panel: threOn this highly important matter, the Federal Circuit ruling contains as many opinions as there were judges on the panel: threon the panel: three.

In addition to the holidays, I argued at the Fifth Circuit; published two articles at The Huffington Post (here and here); produced a podcast episode on appellate practice for the ABA's Sound Advice series; gave a presentation to the Dallas Bar Association (about the post-election Supreme Court and Trump's list of possible nominees); participated in a panel discussion about e-briefs and legal writing at the annual meeting of the Council of Chief Judges of State Courts of Appeal (in North Carolina); was cited on SCOTUSblog and the Appellate Advocacy Blog (both here and here); and was quoted by Bloomberg (here, here, here, and here), CNN, and the Winnipeg Free Press.

Meanwhile, a decision yesterday from a three - judge panel of the 1st U.S. Circuit Court of Appeals, Cook v. Gates, is drawing interest for its dismissal of a constitutional challenge to the federal government's controversial «Don't Ask, Don't Tell,» policy on gays in the military.

Ironically, the 2nd Circuit maintains its own pro bono panel and Judge Jacobs's name appears prominently on an April 2008 announcement soliciting members for the panel.

Via How Appealing I see that on Wednesday, a three - judge panel of the 6th U.S. Circuit Court of Appeals held that if a urine sample collection company wants to have a rule that its collectors shall directly observe the urine coming straight out of a man's body, with visibility of that man's genitalia, well, that is just fine with the 6th Circuit.

On March 23, 2016, a First Circuit panel of three judges, which included retired U.S. Supreme Court Justice David Souter, ruled that a district judge properly dismissed Michael Tersigni's negligent design claim because he failed to present evidence of a reasonable alternative design.

However, Chief Judge Sharon Prost strongly disagrees with her two colleagues on the panel, Circuit Judges Moore and (notoriously Apple - admiring and generally patentee - friendly) Reyna, who outvoted her.

On appeal, a 3 - judge panel of the Sixth Circuit Court of Appeals applied strict scrutiny.

The Ninth Circuit panel's ruling emphasized that it based its analysis on the distinction between judge and non-judge candidates, finding the canons unconstitutional only as applied to the latter group.

Where the district court had rejected the notion that judicial candidates ought to enjoy greater freedom to engage in partisan politics than sitting judges, the Ninth Circuit panel found the restrictions on non-judge free speech to be insufficiently narrowly tailored to hold up under strict scrutiny.

Claimants appealed, and Circuit Judge Posner on behalf of a Seventh Circuit panel reversed the fee denial.

«U.S. appeals court upholds hazardous air pollution rule»: Lawrence Hurley has this report on the per curiam ruling that the majority on a partially divided three - judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.

Circuit Judge Jeffrey S. Sutton wrote yesterday's ruling of the U.S. Court of Appeals for the Sixth Circuit on behalf of a unanimous three - judge pJudge Jeffrey S. Sutton wrote yesterday's ruling of the U.S. Court of Appeals for the Sixth Circuit on behalf of a unanimous three - judge pjudge panel.

Third Circuit grants plaintiffs» petition for permission to appeal in case challenging the lawfulness of GSK's diversity re-removals of state court Paxil personal injury cases more than one year after the cases were filed in state court: This afternoon, a three - judge panel of the U.S. Court of Appeals for the Third Circuit entered an order granting my clients» petition for permission to appeal in a case presenting the question «Whether a defendant may remove a case a second time based on diversity jurisdiction more than one year after the commencement of the case?»

On Thursday night, DOJ, in a pending labor dispute in a federal appeals court in Philadelphia, offered a glimpse of legal arguments the government could make in asking the full D.C. Circuit to overturn the three - judge panel decision in Noel Canning v. NLRB.

For this purpose, upon request of the panel, a circuit judge or a district judge may be designated and assigned temporarily for service in the transferee district... The judge or judges to whom such actions are assigned, the members of the judicial panel on multidistrict litigation, and other circuit and district judges designated when needed by the panel may exercise the powers of a district judge in any district for the purpose of conducting pretrial depositions in such coordinated or consolidated pretrial proceedings.

A three - judge panel of the U.S. Court of Appeals for the D.C. Circuit on January 10 will take up whether the images are properly being kept from public review.

Asylum petitioner's voluntary withdrawal of petition for review following en banc reargument in the Ninth Circuit «threatens the integrity of our processes by inviting manipulation by parties unhappy with the questions at oral argument and fearful of the result they believe the court is going to reach»: So asserts Circuit Judge Alex Kozinski in an interesting dissent joined by three other judges on the fifteen - judge en banc pJudge Alex Kozinski in an interesting dissent joined by three other judges on the fifteen - judge en banc pjudge en banc panel.

«[T] he weight of authority suggests that accurate news reporting — even when it is likely to have an adverse impact on the subjects of the report — usually does not give rise to an action for intentional infliction of emotional distress»: Yesterday, a unanimous three - judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a decision affirming a federal district court's dismissal of claims for invasion of privacy and intentional infliction of emotional distress asserted by two former undercover police officers against a television station in Albuquerque that had revealed their identities and their undercover status in the context of a televised report about their suspected involvement in an alleged incident of sexual assault.

A three - judge panel in the 5th Circuit appellate court lifted a permanent injunction placed on the abortion regulations by a lower court, arguing in a written opinion that the state was likely to succeed in its legal arguments.

Today, the majority on a divided three - judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this decision affirming the district court's judgment.

1979)-RRB- explaining why Judge Wyzanski was declining his proposed nomination to the First Circuit (by chance, when I was in the practice of law I had the privilege of arguing a case that successfully challenged, in First Amendment terms, the Northern District of Illinois» rule that impermissibly limited lawyers» ability to comment on pending litigation — and Judge Wyzanski was a member of the panel, sitting by invitation in the Seventh Circuit).

In July 2012, a three - judge panel of the Federal Circuit disagreed and held that implementing this invention on a computer system made it non-abstract and thus patentable.

On August 21, a three - judge panel of the Fifth Circuit reversed the district court's preliminary injunction, and found that barring providers with the name «Planned Parenthood» from the Women's Health Program likely does not violate the First Amendment to the U.S. Constitution.