Sentences with phrase «en banc ruling»

«En banc Second Circuit rejects Apprendi challenge to NY persistent felony statute»: Law professor Doug Berman has this post at his «Sentencing Law and Policy» blog about an en banc ruling that the U.S. Court of Appeals for the Second Circuit issued today.

The Richmond, Virginia - based 4th U.S. Circuit Court of Appeals, in an unusual en banc ruling before there was a panel decision, upheld the preliminary injunction issued by the Maryland court, concluding that the executive order was based on religious animus.

This is even more true today as we near the Federal Circuit's en banc ruling in Lighting Ballast Control LCC v. Philips Elec. N. Am.

With en banc rulings, this point is evident from the statute: the court may sit en banc only to «secure or maintain uniformity» or to decide a «question of exceptional importance.»

Not exact matches

Last week, AARP filed an appeal of the Fifth Circuit ruling, while New York, Oregon and California filed a motion asking the court for permission to rehear the case in front of the full panel of judges — known as an en banc review.

But Comstock Rick thinks even if the plaintiffs win an en banc review, they are unlikely to prevail — four judges on the appeals court have already ruled in NIH's favor, she notes.

An en banc panel of the U.S. Court of Appeals for the 9th Circuit, in San Francisco, ruled 7 - 4 that the two officers did not have qualified immunity over handcuffing the student identified as C.B., who had failed to take his medication for attention deficit hyperactivity disorder on what the student later called a «rough day.»

The DC Circuit ruled in favor of EPA, but given the two strong dissents from the December 20, 2012 decision denying rehearing en banc, the matter is likely going to the Supreme Court.

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.

In an en banc decision, the U.S. Court of Appeals for the Federal Circuit ruled that the appeals court may review the Patent Trial and Appeal Board's determination, in connection with a decision to institute inter partes review under 35 U.S.C. § 314, that a petition is not time - barred under...

Most recently, the Federal Circuit vacated the post-remand panel decision and ruled in an en banc, per curiam opinion that Limelight was liable for direct infringement.

At the end of the reply brief, it becomes clear that Samsung's short - term priority is the «quick links» patent, which the Federal Circuit patent held not to be infringed but the other circuit judges, in their controversial en banc decision, reinstated the district court ruling and jury verdict.

But, here, two of the Second Circuit's active judges ruled against Marblegate, the dissent was by a senior judge who can not vote on an en banc petition, and the Second Circuit has historically granted fewer en banc rehearings than any other circuit court.5 Other avenues could include Marblegate filing a petition for a writ of certiorari with the US Supreme Court and / or pursuing other federal or state law remedies, including state law theories of successor liability or fraudulent conveyance against the new EDMC subsidiary, theories that the Second Circuit noted as potential causes of action but did not analyze.

In an unusual en banc decision rendered without requesting briefing from the parties, the United States, or interested amici curiae, the U.S. Court of Appeals for the Federal Circuit recently affirmed several rulings in favor of Apple Inc. in its ongoing smartphone patent war with Samsung.

The District of Columbia Court of Appeals, en banc., heard the question, Plaintiffs» appeal, and adopted the Rule 702 standards unanimously, with Judge Easterly providing a concurring opinion.

A panel of the U.S. Court of Appeals for the D.C. Circuit, which hears appeals of rulings from the Court of Military Commission Review, invalidated al Bahlul's conspiracy conviction, but the Circuit reinstated it after an en banc hearing.

In my talk, I explained how Section 2 (a) works when the mark is considered disparaging of an identifiable group, how it was ruled unconstitutional in the recent en banc decision of the Federal Circuit in In Re Tam, and how it might affect the pending case over the Redskins logo in the 4th Circuit.

The original three - judge panel's ruling, which was vacated when rehearing en banc was granted, can be accessed here.

Had the Anastasoff case not become moot before the en banc Eighth Circuit could reach the merits, was it your prediction that the en banc court would have agreed with you the local rule declaring unpublished opinions non-precedential should be abolished, and why has the Eighth Circuit not repealed, via the rulemaking process, the rule your panel opinion condemned as unconstitutional?

En banc Sixth Circuit issues Fourth Amendment search warrant ruling: The first paragraph of today's majority opinion, written by Circuit Judge Jeffrey S. Sutton, explains:

Following the ruling, the Ninth Circuit withdrew the earlier opinion and granted a hearing before the entire court, or en banc.