Sentences with phrase «federal appellate decision»

However, a much different set of constructs governs fee awards at the federal level, as a recent federal appellate decision reveals.

News.lawreader.com has summaries of Kentucky cases, federal appellate decisions, U.S. Supreme Court decisions, and professional ethics cases.

For one thing, Scholar has a fairly significant cache of articles and case law that runs back about 60 years and encompasses federal district court cases, state and federal appellate decisions, and other topics generally reserved for the legal community.

I mentioned public.resource.org last year, but since then, it has grown to include 50 years of federal appellate decisions and 20 percent of all the information available on PACER, the federal courts» archaic document management system.

And the range of materials goes well beyond the federal appellate decisions that dominate a typical casebook.

Not exact matches

«But there is going to need to be some major lawsuits or decisions by federal courts, appellate courts or more to decide what are acceptable practices online for a real shift to take place.

Especially when one takes into consideration that a 4 - 4 SCOTUS tie leaves the federal circuit appellate court's decision in place.

ALBANY — The corruption convictions of former state Senate Republican Majority Leader Dean G. Skelos and his son Adam B. Skelos were overturned by a federal appellate court on Tuesday in the wake of a U.S. Supreme Court decision that retooled the definition of an «official act» as it relates to public corruption.

The corruption convictions of former state Senate Republican Majority Leader Dean Skelos and his son, Adam, were overturned by a federal appellate court in the wake of a U.S. Supreme Court decision that retooled the definition of an «official act» as it relates to public corruption.

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, EFCC.

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.

The Court's 5 - to - 4 decision in Board of Education, Island Trees Union Free School District No. 26 v. Pico affirms an appellate - court decision returning the closely watched censorship case to federal district court for trial.

A reissued decision in the Topeka, Kan., school - desegregation suit gives a more detailed picture of a federal appellate panel's deep division over the need for continued court supervision in the historic case.

But it also smothers an ordinance already adopted in Tucson that had been placed on hold awaiting a federal appellate court decision on the rights of cities to enact such rules.

The game makers are wrong to argue that the Federal Circuit should rehear the case because the appellate court panel allegedly created a «safe harbor» for technological ideas, as the court simply followed precedent for abstract claims as set by Alice Corp. v. CLS Bank International, a 2014 U.S. Supreme Court decision that held that abstract ideas implemented using a computer are not eligible for a patent, asserted McRO Inc. in its brief.

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.

He has tried jury and bench trials in state and federal courts and has been counsel in reported appellate decision.

takeoverpractice.ch analyses all published decisions of the Takeover Board and of the appellate bodies, i.e. the Financial Market Supervisory Authority and the Federal Administrative Court, rendered since 1 January 2009.

His representation has ranged from class action and complex commercial and environmental cases to limited jurisdiction premises liability cases and administrative hearings, successfully arguing appellate cases such as Resolution Trust Corp. v. Rossmoor Corp. (1995) 34 Cal.App.4 th 93, Ryan v. Lustre - Cal (2014) WL 7384613, McCormick v. San Pedro Bait Co., Inc. (2009) WL 4801962 and the federal district court decision, Ameripride Services, Inc. v. Valley Industrial Service, Inc. (2007 E.D. Cal.)

The annual Haynes and Boone Securities Litigation Year in Review comments on significant securities - related decisions by the Supreme Court, federal appellate courts and district courts, notes key developments in SEC enforcement, and summarizes significant rulings in state law fiduciary litigation against directors and officers of public companies.

Mr. Whitney's representative work includes a series of successful outcomes pursuing false advertising claims against product review websites, a landmark victory clarifying copyright fair use and parody on behalf of several well - known musicians; a defense win dismissing copyright infringement claims brought by a putative class of attorneys against the leading legal research websites; a favorable outcome for a high - end beauty products company in a trademark and trade dress action against a manufacturer of knock - off products; a district and appellate court decision dismissing all claims by a proposed class against an international bank for alleged violations of, among other things, the Federal False Marking Act, RICO and the CAN - SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.

Seyfarth Synopsis: The U.S. Supreme Court's decline of a Seventh Circuit appellate decision solidifies that where an employee is medically unable to return to work within a very short time period following a leave of absence, the employer has no additional federal legal obligation to provide additional leave, or hold the employee's job open.

We represent construction clients in both state and federal appellate courts responding to appeals and challenging lower - court decisions.

Unfortunately, politics and government pressure led the federal government of the day to appeal to the Supreme Court where she and fellow appellate Yvonne Bedard lost on a 5 - 4 decision.

Members of the group monitor state and federal appellate courts in Pennsylvania, Delaware, Massachusetts, New Jersey, and New York, as well as the Supreme Court of the United States, to report breaking appellate decisions important to our clients.

Recent Criminal Law Decisions by Maryland and federal Fourth Circuit appellate courts (Blog - Jan. 27, 2018)

Relatedly, because the PTAB's determination of non-institution and redundancy will also be part of the final written decision, these determinations will now also be subject appellate review by the Federal Circuit.

The Supreme Court may review certain categories of judgments, decisions, and questions of law certified to it by the district courts of appeal and federal appellate courts.

The Lash & Goldberg LLP consumer litigation defense practice group closely monitors trends and developments in the consumer litigation defense area including state and federal trial and appellate court decisions, as well as pronouncements by the Federal Trade Commission and the Federal Communications Commfederal trial and appellate court decisions, as well as pronouncements by the Federal Trade Commission and the Federal Communications CommFederal Trade Commission and the Federal Communications CommFederal Communications Commission.

[5] Although no federal appellate court decision has yet addressed the issue, there currently is a split in authority at the district court level as to whether the limitations periods for FMLA (and, by analogy, FLSA and EPA) claims may be contractually shortened.

A review of major patent appellate decisions over the last year by the U.S. Supreme Court and the Federal Circuit.

While the Supreme Court's Markman decision usefully removed claim construction from the black box of jury deliberations notwithstanding its «mongrel» mixed fact / law character, the Federal Circuit's adherence to the view that claim construction is a pure question of law subject to de novo appellate review produced -LSB-...]

The appellate practice group is responsible for dozens of significant published decisions in state and federal courts throughout the country.

Booker completely changed the sentencing landscape in the federal court system, but it left many questions as to what standards appellate courts would apply in reviewing sentencing decisions.

Defeated class certification of Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and implied warranty claims in federal court cases involving claims against airplane part manufacturer and dental implant manufacturer; Defense of automotive class actions has led to several appellate decisions making certification of such claims very difficult in Florida.

And the related issue in Highmark v. Allcare Health Management Systems has to do with the standard of review the appellate court, the US Court of Appeals for the Federal Circuit, must apply when reviewing the district court's decision to grant or deny the award of fees.

2013 — Fresenius v. Baxter (Federal Circuit Court of Appeals) Significant appellate decision in patent infringement case for Fresenius, ending long - standing litigation which included reexamination by the PTO.

In such cases as this one, there are even two infringement rulings (regional court and higher regional court) prior to the Federal Patent Court's decision; in other cases, the Federal Patent Court's decision comes in just about in time for the appellate hearing.

Karnow also wrote a published paper on bail reform that has been quoted widely in appellate and federal decisions requiring trial judges to consider a defendant's ability to pay in setting bail — an issue of great concern for citizens of color and LGBT people, many of whom lack the resources to post high bail amounts.

Baker Botts lawyers also handle district court litigation related to federal regulatory issues and appellate cases arising from review of both lower court decisions and agency orders.

(With that decision, the Eleventh Circuit becomes the second federal appellate court to answer that question in the affirmative, with the Fifth Circuit having done so in 2013).

A proposed amendment to the Federal Rules of Appellate Procedure would allow citation to unpublished, non-precedential decisions in briefs filed in all federal appellate Federal Rules of Appellate Procedure would allow citation to unpublished, non-precedential decisions in briefs filed in all federal appellate federal appellate courts.

On January 13, the Supreme Court agreed to review decisions from three federal appellate courts that reached different conclusions regarding whether class action waivers in mandatory arbitration agreements between employees and...

The premise underlying the Federal Circuit's narrowing of Chenery — that agencies ought to be subject to the same rules for appellate review as litigants on appeal from the decisions of district courts — is fatally flawed.

Let me begin by disclosing that I am an enthusiastic supporter of the view that federal appellate courts should not be able to issue decisions identified as «non-precedential.»

How do I handle requests for such references?Thank you so much for your help!CherylCHERYL M. EARLE3407 Old Dobbin Road, Montgomery, Alabama 36116 - 1903Home Phone: [phone] Cell Phone: [phone] Fax: [phone] E-mail: [email protected] position managing legal discovery and document review with opportunity to assist attorneys with civil litigationBAR ADMISSIONAlabama State Bar, 1999LAW - RELATED EXPERIENCELaw Firm, AlabamaResearch Attorney for Special Projects, Mass Torts Department, November 2001 — February 2008 • Managed Multi-District Litigation (MDL) Document Depository (September 2002 to February 2008) o Reviewed more than 1 million pages of evidentiary documents for litigation purposes and for inclusion in electronic databaseso Coordinated document review assignments with attorneys at local depository and at other sites across the USo Retrieved, reviewed and coded documents in Concordance and Summation legal databaseso Prepared memoranda and spreadsheets providing detailed analysis of discovery materials • Aided attorneys and support staff with processing and preparation of personal injury claims and litigationo Conducted legal research and drafted pleadingso Conducted supplementary online research for additional documents and information pertinent to litigationo Assisted with preparation of correspondence to clients and referring attorneyso Contacted clients for additional information needed in case preparation, litigation, and potential settlementso Prepared and input case intakes and referrals into databaseLaw School, AlabamaStudent Intern, Alabama Disabilities Advocacy Program (ADAP), August 1996 — June 1997 • Participated in law school clinical program under third - year law student practice rule (as authorized by Alabama Supreme Court) o Assisted attorneys and advocates in cases involving mentally ill patients confined to state mental health facilitieso Interviewed clients in person (at state facilities) and over the phoneo Worked with clients, attorneys, and social workers to investigate and resolve issues concerning involuntary confinement and treatmento Aided in legal research on an appellate brief submitted to the U. S. Court of Appeals for the Eleventh Circuit (ruling granted in favor of our client) Faculty Research Assistant for Library Services, Bounds Law Library, March 1996 — June 1997 • Prepared research and teaching materials for law school faculty; worked 20 hours per week while matriculating 10 - 15 hours per semester) o Investigated copyright issues related to procuring and reproducing texts for academic useo Conducted legal research using WESTLAW, LEXIS and the InternetADDITIONAL RELEVANT EXPERIENCEManufacturing Company (MC), Montgomery, AlabamaAdministrative Assistant and Cost Analyst, Materials Purchasing Department, April 1999 — September 2001 • Assisted materials buyers in negotiating and preparing commodities contracts between raw materials suppliers and MC for manufacturing plants in the US and Mexicoo Assisted Legal Department at MC's corporate headquarters with coordination and preparation of documents for litigationo Notified and educated suppliers about MC's freight - on - board policy and its corresponding Uniform Commercial Code (UCC) provisions; result was the reduction of freight claims for both the company and its supplierso Prepared contracts and purchase orders for raw materials and capital projects involving plant maintenanceo Solicited price quotations from current vendors and established Excel spreadsheet format which simplified quote submission process and allowed MC to track and compare usage volumes and costs over timeo Prepared and analyzed cost reports used by materials buyers and production planners in purchasing decisions, including cost reductions, materials consolidation, and selection of vendorso Acted as liaison between vendors and the Purchasing, Transportation and Accounting Departments on issues concerning inbound freight, commercial carriers, and payment terms for commodities, resulting in reductions in freight costs and greater payment discounts for raw materialso Established online databases and printed directories for the Purchasing Department, allowing buyers to have easier and faster access to current vendor informationo Completed Year 2000 (Y2K) compliance project, which involved data collection and communication with MC's past, present, and potential materials suppliers and service providersNot - For - Profit Organization, AlabamaAdministrative Assistant, Combined Federal Campaign, September 1998 — January 1999 • Aided Campaign Director with 1998 Federal Campaigns (CFCs) in City 1 and City 2, which together generated nearly $ 700,000 for more than 1,000 local, national and international charitieso Prepared weekly reports on donations using WordPerfect, Microsoft Word, Excel and dBase IVo Wrote script for Talent Showcase at City 1's 1998 CFC Kickoffo Assisted Director with merger of the City 1 and City 2 CFCs in 1999Regional Bank, AlabamaAdministrative Assistant, Year 2000 (Y2K) Department, March — June 1998 • Worked with Vice President of Corporate Projects on short - term project for the bank's Y2K Departmento Analyzed and processed data on Y2K readiness for all branches of Bank throughout the southeastern USo Organized meetings for personnel of Banko Communicated with vendors of computer hardware, software, and office equipment to request information on Y2K complianceo Prepared compliance files for Federal Reserve auditso Prepared in - house memoranda and reports using Microsoft Word and ExcelRecord / Music Promotion Company, AlabamaRecord Pool Co-Founder; Office Manager, September 1990 — December 1991 • Co-founded record pool to enhance promotion of music in Alabama and the southeastern USo Procured and distributed records from major and independent labels for club, radio and mobile disc jockeyso Coordinated jointly sponsored promotional events with record companies, radio stations and clubso Designed, wrote, and published bi-weekly reports and brochures to inform the music industry of the progress and popularity of music and performers in the region, with specific focus on the Alabama music sceneMajor University, AlabamaGraduate Research Assistant, AUM Department of Marketing, June 1989 — August 1990 • Worked 13 - 20 hours per week as a research assistant to Marketing faculty while carrying a full course load in the MBA programo Analyzed consumer surveys used in academic researcho Assisted Conference Chairperson with coordination for Atlantic Marketing Association (AMA) annual meeting (October 1989) o Co-authored five - year index and classification of AMA Proceedings (published Fall 1991) EDUCATIONLaw School, AlabamaJuris Doctor (JD), 1997 • Scholarshipso Seybourn H. Lynne Scholarship, 1996 - 97o Dexter C. Hobbs Memorial Scholarship, 1995 - 96o E. W. Godbey Memorial Scholarship, 1994 - 95 • Honorso Who's Who Among American Law School Students, 1996 - 94o Arthur Davis Shores Award, 1997 • Activitieso Frederick Douglass Moot Court Team Manager, 1996 - 97 Southern Regional Competition, Second Place National Competition, Eighth Placeo John A. Campbell Moot Court Competition, Spring 1996o Black Law Students Association Delegate, BLSA National Convention, 1997 Co-Chairperson, Public Relations Committee, 1996 - 97 Chairperson, Public Relations Committee, 1995 - 96 BLSA President's Award, 1996 and 1997o American Bar Association, 1996 - 97 Entertainment and Sports Industries Forum Intellectual Property Section Law Student Divisiono LAWS Student Group Leader, 1995 - 96Major University, AlabamaMaster of Business Administration (MBA), 1990Bachelor of Science in Business Administration (B.S.B.A.), 1988 (Major: Marketing — Advertising and Promotion Track) • Honorso Dean's List • Activitieso National Student Advertising Competition Team, 1988 - 90 Seventh District Competition: Third Place, 1990o Marketing Club, 1987 - 90 Vice President — Career Development, 1988 - 89o Public Relations / Advertising (PR / AD) Club, 1988 - 90 Charter Member, 1988 Active in fund - raising and membership driveso Theater Guild, 1988 - 90 Screening Committee, 1989REFERENCESAvailable upon request

The appellate decision hinged on their finding that since marijuana remains illegal under federal law, its use is therefore not «lawful» under Colorado's «Lawful Activities» statute.

Federal appellate court reverses its earlier decision and determines that arbitrator's failure to disclose his minimal contact with prevailing party's attorney did not require vacating an arbitration award.