Sentences with phrase «federal case stayed»

Not exact matches

He has asked that the state petition be dismissed or, alternatively, stayed while the federal case is allowed to play out at the ordinary, more methodical pace.

While this move will likely cause some anxiety, we view the chances of a significant inflation overshoot relative to target as low and think that the Federal Reserve can and will stay on a gradual rate hike path (our base case).

His lawsuit sought $ 74,999 (staying just under the $ 75,000 threshold that would have allowed Mother Jones to move the case to federal court and away from an Idaho jury that might have favored the hometown plaintiff).

Howe admitted he lied to the credit card company about a stay in New York at the time he was cooperating with federal prosecutors in the corruption case.

Convicted ex-state Sen. John Sampson is asking a federal appeals court to let him stay out of prison while he fights his case.

Justice Baba Yusuf of tahe Federal Capital Territory High Court sitting in Abuja again on Friday adjourned the case of the former National Security Adviser, Col. Sambo Dasuki (retd), till February 4 for the hearing of his application for stay of proceedings.

Metuh had through his application for stay of proceedings, urged the Supreme Court to halt his trial before the Federal High Court pending the outcome of his appeal before the apex court on the no - case submission.

He said that notwithstanding that «the motion for stay of execution of the judgment of the Honourable Justice Nnamdi Dimgba (of the Federal High Court in Abuja) delivered last week in the case of Senator Ovie Omo - Agege v The Senate has not been heard and determined by the Federal High Court, the Senate resolved yesterday to comply with the terms of the judgment».

Using case studies and surveys, the report outlines special education requirements for charter schools — including the challenge of pursuing unconventual approaches but still staying true to the legal foundations of federal special education law.

In federal court, Trident has moved to stay the case pending the assessment by the SLC that was formed to consider nominal plaintiffs» claims.

A federal judge heard arguments in the case last week and said he would decide this week whether to issue a permanent injunction against Ohio State, allowing Entine and her 8 - year - old Cavalier King Charles spaniel to stay at the sorority house.

Apple still argued that the case should be stayed not only pending the nullity proceedings at the Federal Patent Court but also the EU antitrust investigation.

In appeal on a point of law, the two cases were then brought before the German Federal Administrative Court, which decided to stay proceedings and refer the following questions to the Court of Justice of the European Union:

This has allowed us to stay up - to - date on all current case law as well as changes in state and federal employment law.

If, instead of bringing counterclaims in the original lawsuit, the defendant brings a separate lawsuit against the plaintiff, the plaintiff could seek to either (1) consolidate the cases if they are filed in the same court system (i.e. a federal case and a federal case, or a New York State case and a New York State case), or (2) move to dismiss the new lawsuit because the claims were required to be brought in the original lawsuit as mandatory counterclaims, or (3) move to stay proceedings in the second lawsuit pending resolution of the first lawsuit, or (4) move to dismiss the claims in the second lawsuit on the merits if it is apparent from the face of the countersuit that it does not state a claim upon which relief can be granted or was filed in the wrong court.

Regularly represents clients in a variety of cases that involve issues arising under the Federal Arbitration Act and state analogs, including briefing and arguing numerous motions to both compel and stay arbitration.

As I'll explain further below, a Linus Torvalds email that Motorola cited as prior art didn't ultimately persuade the court to stay this case for the duration of a parallel nullity action in the Federal Patent Court.

Hopefully, any of the balanced scholarly looks will (a) acknowledge that these lethal injection cases in federal courts should be dealt with swiftly, as the Supreme Court has said that when stays in capital cases are issued, the issues need to be resolved expeditiously, (b) acknowledge that some of the legal reasoning in some of the cases lacks, e.g., Fogel's constitutionalization of the wattage of a light bulb or Frost's use of cases where a party has engaged in sharp dealings to analyze Ohio's «fault» in filing an interlocutory appeal and (c) examine whether the burden of proof has been subtly shifted from the prisoner to the state in these cases.

Even though the case law Samsung cites gives Judge Koh more than enough ammunition to at least stay the case, Samsung's lawyers also present an argument that would enable the district court to reject Apple's demand for premature enforcement even if the court interpreted the Federal Circuit's mandate the way Apple proposes: «Manifest injustice would warrant deviation from a decision rejecting, without briefing, collateral estoppel or a stay»

Seventh Circuit Rule 52 allows the U.S. Court of Appeals for the Seventh Circuit, when faced with «questions arising under the laws of [a] state which will control the outcome of a case pending in the federal court» to «certify such a question to the state court in accordance with the rules of that court» and to «stay the case... to await the state court's decision.»

In that post I expressed hopes that Samsung would take the design patent issues in that case to the Supreme Court, and a filing made by Samsung with the Federal Circuit on Wednesday (a motion to stay execution of a mandate, i.e., to prevent Apple from physically collecting money before the case is really over) now states clearly that this will happen (this post continues below the document):

I help lawyers navigate federal court practice, so they can stay focused on their client and their case.

Case issue groups include: Procedure and Jurisdiction, Malfeasance and Remedies, Officers, Administration, Lift of Automatic Stay, Debtor's Rights and Duties, Plan and Disclosure Statements, Objection to Confirmation, Property of the Estate, Dismissal and Conversion, Discharge and Dischargeability, Claims and Liens, Objection to Proof of Claim, Avoidance, and State or Other Federal Law.

But, of course, the Judges Act would be trumped by the Constitution in the case of a conflict, and the question whether a brief stay on the Quebec courts allows a federal court judge to circumvent the criteria in the Supreme Court Act is one that can only be assessed on the facts of a particular case.

Illinois State Appellate Court Affirms Stay of Legal Malpractice Case pending resolution of Related Federal Criminal Proceeding

In August 2010, California's Proposition 8 was declared unconstitutional under the U.S. Constitution in a federal court case, Perry v. Schwarzenegger, but the ruling has been stayed pending appeal by a higher court; the judge found the ban unconstitutional, ruling that «Proposition 8 disadvantages gays and lesbians without any rational justification.»