Sentences with phrase «decision by a federal judge»

This new round of letters to U.S. District Judge Valerie E. Caproni, which began in the second week in August and continued until a few days ago, was prompted by a recent decision by another federal judge in Manhattan on an unrelated case.

This resulted in a 2011 decision by a federal judge to side with the critics and he threw out the 2008 settlement, adding that aspects of the copyright issue would be more appropriately decided by the legislature.

As with jury verdicts, the number of actual decisions by federal judges make up a tiny percentage of total cases.

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 Mojudge 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 MoJudge Dabney Friedrich wrote in her decision tossing out the case, issued late on Monday.

A federal judge has rejected Massachusetts» challenge to new Trump administration rules that would allow more companies to not provide insurance plans that cover birth control; previous decisions by other judges in California and Pennsylvania went the other way, issuing injunctions against the new birth control rules.

Judge Weinstein's ruling is important, as it is the first federal court decision to address — and agree with — the CFTC's determination that virtual currencies are commodities as defined by the CEA.

Like others who support the original understanding of the Constitution, I disagree with many of the Supreme Court's decisions under the establishment clause, but in our system of government a federal - district judge like Judge Jones is bound by those decisjudge like Judge Jones is bound by those decisJudge Jones is bound by those decisions.

The 2nd Circuit reinstated Brady's DeflateGate suspension in April by a 2 - 1 vote, overturning a federal judge's decision to vacate his ban.

A similar decision earlier this month by a federal judge concerning nuclear subsidies in Illinois was appealed by the non-nuclear generating companies that filed the lawsuit.

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.

Former Gov. George Pataki issued a victory statement in response to a Virginia federal judge's decision earlier today that the Obama administration's health care law is unconstitutional — a move that brings this dispute one step closer to being settled by the US Supreme Court.

Judge Crotty indicated that although he was obliged to follow the U.S. Supreme Court's decision in McCutcheon v. FEC, which recently invalidated federal aggregate contribution limits, he disagreed with the court's analysis and lamented that regular citizens «are too often drowned out by the few who have great resources.»

The reason the issue is on the table is because of a 2012 decision by U.S. District Court Judge Gary Sharpe requiring the state to set federal primaries for the fourth Tuesday in June.

As such, any cases that are brought to Federal Judiciary will be tried by lower Federal judges (circuit courts I assume) and then the circuit court decision on the case will be the law of the land until (at some point in indeterminate future) SCOTUS is re-constituted and overturns one of those decisions.

A decision made by a judge in a trial in a federal district court isn't binding on anyone, not even that judge.

In a decision that could affect the immigration plan President Barack Obama announced on 20 November, a federal judge decided on 21 November that the Washington Alliance of Technology Workers (WashTech), an organization based in Bellevue, Washington, and affiliated with the national Communication Workers of America (CWA) union, can bring a lawsuit challenging the federal government's right to extend by executive action the authorization for foreign students to work in the United States under the Optional Practical Training (OPT) program.

Washington — The chairman of the U.S. Commission on Civil Rights, in strongly worded letters to the Secretary of Education and the Attorney General, has warned that a recent decision by a federal district judge could be interpreted as exempting local school programs funded under the new federal education block grant from compliance with civil - rights laws protecting the rights of women, the handicapped, and minorities.

In 2000, a federal district judge ruled that Arizona was violating this relatively obscure law, both by not spending enough on its Lau programs — a reference to a Supreme Court decision of 1974 and regulations of the federal Office for Civil Rights — and by failing to provide enough teachers, aides, classrooms, materials, and tutoring.

It appears very unlikely that the ruling will be overturned based on our legal due diligence: the decision was a bench verdict by a federal judge, and there were $ 0 dollars in punitive damages so the appeal theory is very weak.

A judge restored federal protections to gray wolves in the the western Great Lakes region on Friday, reversing an earlier decision by the federal government to remove the animals from the endangered species list.

Five cities and counties in California that are suing fossil fuel companies for damages triggered by climate change are now at the center of a legal paradox created by conflicting decisions from two federal court judges reviewing nearly identical claims.

Gray wolves in the greater Yellowstone area of the northern Rocky Mountains, which would have been fair game for hunters in three states as a result of a federal government decision in March, were again put under the protections of the Endangered Species Act by a judge in Montana on Friday.

This denial comes in the wake of decisions recently made by federal judges in Vermont and California to block carmakers» attempts to strike down state tailpipe regulations; no doubt the lobbying efforts of several major companies, including Ford and Chrysler, helped «influence» Johnson's decision.In denying the waiver, Johnson chose to completely disregard the opinions of his staff who had recommended that he either approve it or authorize it for a trial period before reassessing it.

Polar Bear Protection: A federal judge upheld the decision by the George W. Bush administration to grant polar bears threatened status under the Endangered Species Act, but did not pass judgment on environmentalists» argument that the bear should get the act's more protective «endangered» designation, or the argument that the bear's status justified restricting greenhouse gases warming the climate.

This morning, a federal district court judge overturned the Department of Health and Human Services» decision to maintain limits on access to Plan B contraception by girls under the age of 17.

A federal judge orders the Obama administration to clarify a 2008 decision by the Bush administration that said the polar bear was threatened by global warming but not in imminent danger of extinction.

WASHINGTON — In a sharp rebuke, a federal judge on Friday reversed a decision by the Environmental Protection Agency to revoke a critical permit for one of the nation's largest mountaintop removal mining projects.

The governor in a statement after the judge's decision said «At a time when the federal government has abdicated its leadership on climate change, [this ruling] ensures our progress will not be blocked or rolled back by fossil fuel interests and others seeking to maintain the status quo.»

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.

In the U.S. Federal appellate courts, and maybe all of the state appellate courts, they have a procedure (as I understand it) by which a judge of the appellate court who wasn't on the hearing panel can request the full court reconsider the decision.

Judge Koh had previously deemed this patent likely to be infringed by the Galaxy Tab 10.1 in her original (December 2011) decision denying a preliminary injunction (with respect to the Galaxy Tab 10.1, the denial was based on doubts about the validity of the patent, a holding that the Federal Circuit reversed, paving the way for entry of a preliminary injunction).

The decision this week by a federal judge in Minnesota to order a new trial in the recording industry's case against Jammie Thomas was seen by many as a victory for users of peer - to - peer networks.

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 contest.

A federal prosecutor's decision to let prominent political blogger Andrew Sullivan off the hook for a marijuana bust was condemned yesterday by a federal magistrate judge as unjustified favoritism.

A year after the decision in Richard, an Ontario Superior Court judge was asked to determine this issue in the context of an action brought by the federal commissioner of competition over claims made by wireless providers about the number of dropped calls.

In a 2 - 1 decision written by Circuit Judge Timothy B. Dyk, the Federal Circuit affirmed the PTAB proceedings in all respects.

A recent decision by a New York federal judge has raised a number of issues concerning unpaid internships.

These include: United States v. Resendiz - Ponce, which presents the question whether the omission of an element from a federal indictment can constitute harmless error (9th Circuit says no); Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., on whether a provider of pay phone services can sue a long distance carrier for alleged violations of the Federal Communications Commission's regulations concerning compensation for coinless pay phone calls (9th Circuit says yes); Cunningham v. California, a sentencing case involving whether whether California's Determinate Sentencing Law violates the 6th and 14th amendments to the U.S. Constitution by permitting California state court judges at sentencing to impose enhanced sentenced based on their determination of facts neither found by the jury nor admitted by the defendant; and Carey v. Musladin, reviewing the 9th Circuit's decision to overturn a murder conviction of a defendant who claimed he was denied a fair trial because the victim's relatives appeared in court wearing buttons with the deceased's picture ofederal indictment can constitute harmless error (9th Circuit says no); Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., on whether a provider of pay phone services can sue a long distance carrier for alleged violations of the Federal Communications Commission's regulations concerning compensation for coinless pay phone calls (9th Circuit says yes); Cunningham v. California, a sentencing case involving whether whether California's Determinate Sentencing Law violates the 6th and 14th amendments to the U.S. Constitution by permitting California state court judges at sentencing to impose enhanced sentenced based on their determination of facts neither found by the jury nor admitted by the defendant; and Carey v. Musladin, reviewing the 9th Circuit's decision to overturn a murder conviction of a defendant who claimed he was denied a fair trial because the victim's relatives appeared in court wearing buttons with the deceased's picture oFederal Communications Commission's regulations concerning compensation for coinless pay phone calls (9th Circuit says yes); Cunningham v. California, a sentencing case involving whether whether California's Determinate Sentencing Law violates the 6th and 14th amendments to the U.S. Constitution by permitting California state court judges at sentencing to impose enhanced sentenced based on their determination of facts neither found by the jury nor admitted by the defendant; and Carey v. Musladin, reviewing the 9th Circuit's decision to overturn a murder conviction of a defendant who claimed he was denied a fair trial because the victim's relatives appeared in court wearing buttons with the deceased's picture on them.

I can now show you a major error in the introductory part of a new decision by Judge Alsup that shows the Federal Circuit understood the API copyright issues at the intersection of law and technology far better than Judge Alsup.

Heritage Audio SL's position was that His Honour Judge Hacon's judgment was correct and should be followed in light of recent similar decisions of both the CJEU (Nintendo Co. Ltd. v BigBen Interactive GmbH and BigBen Interactive SA (C - 24 / 16 and C - 25 / 16) and of the Federal Court of Justice of Germany (Bundesgerichtshof)(Parfummarken (BGH, I ZR 164/16), both of which supported the interpretation of the provision by Heritage Audio SL.

As Judge Nancy Gertner highlighted in her Mueffleman decision (available here), in the federal system the major decisions about the imposition of punishment have been made by Congress and the Sentencing Commission (an administrative agency).

Although the additional time that the federal judges took to make decisions is not dispositive of the result, it adds to the possibility that state judges viewing the heavy burden on summary judgment were and are less willing to grant these motions as a threshold matter and instead prefer to let cases proceed to trial or settlement.112 By contrast, the federal judges who take more time in coming to decisions may put more weight on the summary judgment motions if they are, on the balance, more willing to grant them.

Anacor Pharm., Inc. v. Iancu, 17 - 1947 — Yesterday in an opinion by Judge BRYSON, the Federal Circuit upheld a USPTO inter partes review decision that Anacor's claim was invalid as obvious.

A California federal judge has granted the Internal Revenue Service's motion to dismiss a $ 7 billion lawsuit brought by Facebook Inc. that alleged the IRS unjustly denied the social media company's right to appeal the agency's decision to adjust its taxes after an audit of its returns.

To judges and others who long battled strict federal sentencing rules for crack cocaine offenders — considered draconian and racist by longtime opponents — Monday's Supreme Court decision brought vindication.

Straughn's unusual case was made possible by a series of federal and state court decisions that overturned the rules judges use when sentencing criminals.

This story covers a recent decision by a Boston federal judge to hear GlaxoSmithKline's (GSK) arguments to discuss some cases and claims from its multidistrict litigation focused on the anti-nausea medication Zofran.

Each of these four cases involved, first, a decision by a Superior Court Judge interpreting an insurance contract (or in Ross - Clair, a construction contract with the federal government), and then a decision of the Court of Appeal reviewing that lower court decision.

«[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.

As revealed throughout Part II, prosecutors, probation officers, and judges have many official and unofficial opportunities to make discretionary decisions that directly impact federal sentencing outcomes, and these decisions can be greatly influenced by the efforts of defense counsel at every stage of the federal sentencing process.