Sentences with phrase «circuit split»

Is there an actual circuit split, or have they just addressed different aspects of it?

Finally, panelists examine court trends in class action fee awards from across the U.S., including federal circuit splits on fee calculation methods.

It's just that it doesn't set precedent for other cases or resolve circuit splits.

Just published a short article in the ABA's latest issue of Appellate Practice, on appealing arbitration awards and the current circuit split over «manifest disregard of the law.»

Part II.E will detail the current federal circuit split and the Supreme Court's responsibility to formulate a more effective rule or test.

Justice Souter's majority opinion tidied up a 10 - year - old circuit split in immigration law.

Ross Runkel at Law Memo predicts that the clear circuit split will result in this issue coming before the Supreme Court, and Doug Berman at the Sentencing Law and Policy Blog concurs.

In this post last year, I noted four major circuit splits on basic and fundamentally important post-Booker issues.

The authors have received their award for writing «10th Circuit ruling on SEC's use of administrative law judges creates circuit split,» published by Westlaw Journal in April 2017.

If you decide to visit the blog, I recommend you read his series of three posts from December in which he explains why circuit splits matter and are newsworthy (and blog - worthy).

He also has a useful post on how to research circuit splits using terms and connectors.

There is at least one other blog about circuit splits, Split Circuits, written by A. Benjamin Spencer, a professor at Washington & Lee University School of Law.

«The claim is that Tom's aggressive search for circuit splits has led the Justices to grant certiorari in lots of cases that wouldn't have been granted a decade ago.

«DC Circuit splits on reasonableness review Main Must - reads (again) on the post-Booker world in Yale Law Journal»

This decision adds to a longstanding circuit split on the question.»

It also examines circuit splits, as well as unsettled issues as a result of BAPCPA.»

Actually, there is fairly limited Michigan law applying the ministerial exemption to this sort of wrongful termination, so the defendants rely on a lot of federal cases involving the ministerial exemption from Title VII, which is the subject of large circuit split on the substantive merits / jurisdiction question.

(U.S., filed April 23, 2018): Arguing that the Court should grant cert to clarify a clear circuit split.

Amended Rule 37 (e) attempts to resolve a major circuit split and other jurisdictional variations in spoliation sanctions analysis in favor of a new, clarified rule.

If the circuit courts disagree with one another, you have a circuit split, which tends to increase the likelihood of the Supreme Court accepting a case.

A circuit split with favorable facts?

Haeger matters because the US Supreme Court resolved a circuit split by limiting judges» authority to mete out sanctions.

The most common basis for granting cert is a «circuit split.»

The product's taxonomy may reflect the different jurisdictional requirements through a rigid structure or informal notation system (e.g., «circuit split» notation).

Actually, Kerr finds interesting the premise that Tom Goldstein — with his willingness to ferret out circuit splits and handle the cases free to build a practice — has influenced the types of cases that the Court accepts.

Another potential issue on which a circuit split is developing is some circuits» (in my view inexplicable) insistence on applying some sort of plain - error review when a defendant fails to lodge a formal objection to the district court's misapplication of the 3553 (a) factors.

2010) in finding the solicitation clauses were constitutional; the court noted a circuit split on the issue.

The Supreme Court resolved a Circuit split involving the doctrine of trademark tacking in its first substantive trademark decision in nearly a decade.

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.

[32] In so doing, the Supreme Court resolved a Circuit split on this issue, making clear that the SEC may not seek disgorgement for conduct that occurred more than five years before the claim accrued.

(U.S.)-- Successfully argued that the Wartime Suspension of Limitations Act does not toll the statute of limitations in civil False Claims Act cases; persuaded Supreme Court to grant review on issue despite the absence of a circuit split and after the United States, in a Court - invited amicus brief, argued that certiorari should be denied

2015), and resolved a circuit split.

The Supreme Court held yesterday that individuals who have reported alleged misconduct internally, but not to the SEC, are not covered by the anti-retaliation provisions of the Dodd - Frank Act, resolving a circuit split on the...

In July 2002, during your most recent congressional testimony on splitting the Ninth Circuit, you stated that six other Ninth Circuit judges (two active and four senior) had authorized you to say that they support a circuit split.

(The California case is at an earlier stage and could still be overturned; if not, it could set up a circuit split to be resolved by the Supreme Court).

Resolving a circuit split in the manner urged by NAR, the Supreme Court ruled that RESPA requires a fee split of a settlement - service fee for a § 2607 (b) violation.

Creating a circuit split between federal appellate courts, the Second Circuit has ruled that courts are required to defer to United States Department of Housing and Urban Development's («HUD») interpretation of section 8 (b) of the Real Estate Settlement Procedures Act («RESPA») regarding a lender's mark - up of a third party's fees when no additional...