Sentences with phrase «decision by a federal appeals court»

A decision by a federal appeals court this week dealt another blow to supporters of an Obama - era rule intended to protect retirement savers.

The justices let stand a decision by the federal appeals court in New York last year that threw out insider trading convictions of two high - profile hedge fund managers.

The decision by a federal appeals court to prohibit a competitor for copying listings from a yacht brokerage database may have implications for real estate.

Not exact matches

«While we had significant victories in the federal district courts in New York and Boston and the Second Circuit Court of Appeals, the reversal of the Second Circuit decision in June by the U.S. Supreme Court has proven difficult to overcome,» Kanojia conceded in a blog post titled «The «Next Chapter.»

The U.S. Federal Reserve says it will appeal an earlier decision from the U.S. District Court that challenged the swipe - fee regulations set by the central bank.

EPA first tried to ban the use of asbestos in 1989, but its decision was struck down two years later by a federal appeals court that ruled the agency had exceeded its authority.

An Indian generic drug company on Monday urged a federal appeals court to reconsider a recent decision that revived a patent infringement case against Google LLC, saying the ruling could spur «vexatious lawsuits» by makers of brand - name pharmaceutical products.

The International Olympic Committee (IOC) announced on Thursday that it will appeal to the Swiss Federal Tribunal against the decision by the Court of Arbitration for Sport (CAS) to lift doping bans on 28 Russians.

The Full Federal Court (comprising Justice Besanko, Justice Perram and Justice Robertson) handed down its judgment on the appeals by ACCC and Crownbet against the decision of the Australian Competition Tribunal in relation to the Tatts / Tabcorp merger authorisation.

The Appeal against the Full Federal Court decision Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59 was heard by the full bench of the High Court yesterday.

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.

In Section 287 (1)(2)(3) of the 1999 Constitution, the decisions of the Supreme Court, Court of Appeal, Federal High Courts, High Courts of State and FCT and other subordinate courts, shall be obeyed and enforced in any part of Nigeria by all authorities and persons including President Buhari and hiCourts, High Courts of State and FCT and other subordinate courts, shall be obeyed and enforced in any part of Nigeria by all authorities and persons including President Buhari and hiCourts of State and FCT and other subordinate courts, shall be obeyed and enforced in any part of Nigeria by all authorities and persons including President Buhari and hicourts, shall be obeyed and enforced in any part of Nigeria by all authorities and persons including President Buhari and his AGF.

Interestingly enough, because in the US you have the right to appeal to a higher court if you don't like the decision of a lower court, many times states will find very popular gun control bills struck down by a Federal court who tells them that in the pure legal sense, their gun control laws are unconstitutional.

A three - man panel of the Court of Appeal led by Justice Helen Ogunwumiju, unanimously agreed with the decision of Justice A.M. Liman of the Federal High Court in Enugu that there was no legal basis to grant the prayer sought by the former Chief Judge.

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.

«Today's unanimous decision by the Court of Appeals reaffirms the State's authority to review Entergy's federal applications to continue its operation at Indian Point,» Cuomo said in a statement.

If the Supreme Court wasn't functional for an extended period then various different and contradictory decisions made by the appeals courts would build up and there would be different «laws of the land» in each federal judicial district.

If they don't have a quorum, then you get exactly the same outcome as if instead of rejecting most petitions for cases to be heard by them, they just reject them all: the federal appeals court's decisions stand.

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.

Some biomedical research watchers are feeling blindsided by a federal appeals court decision last week that reversed a lower court's rejection of a lawsuit challenging the Obama Administration's stem cell policy.

Australia's Full Federal Court this week began proceedings in an appeal of an earlier decision that upheld the validity of breast cancer diagnostic tests developed by Myriad Genetics — the same tests that were the subject of oral argument before the U.S. high court earlier this Court this week began proceedings in an appeal of an earlier decision that upheld the validity of breast cancer diagnostic tests developed by Myriad Genetics — the same tests that were the subject of oral argument before the U.S. high court earlier this court earlier this week.

ZUG, Switzerland; CAMBRIDGE, Massachusetts; BERKELEY, California; DUBLIN, Ireland; July 25, 2017 (GLOBE NEWSWIRE)-- CRISPR Therapeutics (NASDAQ: CRSP), Intellia Therapeutics, Inc. (NASDAQ: NTLA), Caribou Biosciences, Inc. and ERS Genomics, Ltd. announced that The Regents of the University of California, the University of Vienna, and Dr. Emmanuelle Charpentier (collectively «UC»), co-owners of foundational intellectual property relating to CRISPR / Cas9 genome engineering, today submitted an appellate brief to the U.S. Court of Appeals for the Federal Circuit (the «Federal Circuit») seeking reversal of a decision by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board («PTAB») in an interference proceeding relating to CRISPR / Cas9 gene editing technology.

Today a small business that wants to fight an agency decision can sue in federal court and go bankrupt hiring lawyers, or use an agency's own appeals process staffed by its own bureaucrats.

The federal appeals court in St. Louis — directly contradicting a two - year - old decision by its counterpart in Boston — has upheld a Minnesota law allowing parents of private - school students to take state income - tax deductions for tuition and other expenses.

The decision is one of several in recent months by federal appeals courts grappling with cases involving students who create Web pages ridiculing school administrators or fellow students.

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.

Their lawsuit contends that the new decision to look at trophy hunting on case - by - case basis should be thrown out because it goes against a recent federal appeals court ruling requiring a public comment period on new rules.

In its decision, the Ontario Court of Appeal noted the trial judge «made many errors» stating the original interpretation did not take into consideration that a two - step process involving consultation by both the province and the federal government is unnecessary, as the treaty right is protected.

«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 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.

At the Federal Court of Appeal, the essential elements of the Federal Court disposition with regard to required accessibility were confirmed even though some elements of the first instance decision were varied, especially to remove the declaration of infringement by the government and the disposition to the effect that the Federal Court was keeping jurisdiction to ensure the effect of its declaration (Canada (Attorney General) v. Jodhan, 2012 FCA 161 (CanLII)-RRB-.

I / P Updates offers this advice, stemming from yesterday's majority decision by the U.S. Court of Appeals for the Federal Circuit in Versa Corporation v. AG - BAG International Limited:

The Tax Court of Canada agreed with the CRA's position, but the Federal Court of Appeal, in a unanimous 3 - 0 decision, agreed with the arguments presented by TDS counsel, Jeff Pniowsky.

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).

The primary focus of the Federal Court of Appeal's decision was on the scope of the protection granted by the family status ground of discrimination in respect of childcare obligations.

The Federal Court of Appeal struck down U.S. Steel's efforts to overturn Canadian investment law — the second such court decision to go against the company — after almost two years of procedural and legal challenges by the Pittsburgh - based comCourt of Appeal struck down U.S. Steel's efforts to overturn Canadian investment law — the second such court decision to go against the company — after almost two years of procedural and legal challenges by the Pittsburgh - based comcourt decision to go against the company — after almost two years of procedural and legal challenges by the Pittsburgh - based company.

A simple search of published court decisions shows that Wikipedia is frequently cited by judges around the country, involving serious issues and the bizarre — such as a 2005 tax case before the Tennessee Court of Appeals concerning the definition of «beverage» that involved hundreds of thousands of dollars, and, just this week, a case in Federal District Court in Florida that involved the term «booty music» as played during a wet T - shirt concourt decisions shows that Wikipedia is frequently cited by judges around the country, involving serious issues and the bizarre — such as a 2005 tax case before the Tennessee Court of Appeals concerning the definition of «beverage» that involved hundreds of thousands of dollars, and, just this week, a case in Federal District Court in Florida that involved the term «booty music» as played during a wet T - shirt conCourt of Appeals concerning the definition of «beverage» that involved hundreds of thousands of dollars, and, just this week, a case in Federal District Court in Florida that involved the term «booty music» as played during a wet T - shirt conCourt in Florida that involved the term «booty music» as played during a wet T - shirt contest.

The latest ruling involving TREB and the Competition Bureau was released Friday, with the federal court dismissing an appeal by TREB of a Competition Tribunal decision from 2016.

«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.

• Latest decision adds to split between panels, creating uncertainty pending further action by Congress or the U.S. Court of Appeals for the Federal Circuit.

In April 2011, Federal Court prothonotary Martha Milczynski ordered the CJC to turn over a redacted copy of the report, although that decision was appealed by the CJC.

In a recent decision, Justice Stratas of the Federal Court of Appeal raised a host of questions about the applicability of the Supreme Court of Canada's re-shaping of judicial review doctrine to decisions taken by discretionary decision - makers: [19] I am inclined to find that the Director is subject to this «normal» or -LSB-...] Read more

The case presents two procedural issues under the AIA trial format: First, whether the PTAB should construe claims during an IPR using the USPTO's «broadest reasonable interpretation» (or «BRI») construction standard; and second, whether the PTAB's decision to institute review is subject to review by the U.S. Court of Appeals for the Federal Circuit.

In its decision, the Federal Court of Appeal considered four issues: whether the Colony of British Columbia had breached its pre-emption legislation; whether the Colony had breached a fiduciary duty by allowing the village lands to be settled; Canada's liability for the Colony's breaches under the Specific Claim's Tribunal Act; and whether Canada's post-Confederation allotments of Band reserves remedied any potential breaches and fulfilled any possible fiduciary duties owed.

The second issue before the Court, whether the Federal Circuit may review the PTAB's decision to institute review (at least in connection with an appeal of the final written decision), has greater potential to affect AIA trial practice, but was hardly mentioned by the Court during argument.

With the Federal Court of Appeal's decision this year considering terms like «inventive concept», «the solution taught by the patent» likely mean the same things, we have more available approaches to determining the obviousness of a patent.

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.

The Federal Court of Appeal recognized this power in 1989 in its decision in Kahlon v. MEI [1989] FCJ no. 104, when, citing from Justice Thurlow in an earlier decision, it held that the issue was not whether the decision made by a visa officer that an applicant was in a prohibited class (inadmissible) was correct but whether the person was in fact one of the prohibited class.

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.»