Sentences with phrase «federal circuit split»

Finally, panelists examine court trends in class action fee awards from across the U.S., including federal circuit splits on fee calculation methods.

Not exact matches

The denial of a review is especially concerning given the existing split among federal circuit courts of appeal, one reason NSBA and school district lawyers met late last year with the U.S. Solicitor General, urging the administration to encourage the Supreme Court to hear the case even if it disagreed on the merits.

• 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.

The U.S. Court of Appeals for the Federal Circuit ruled today in a split decision that the Patent and Trademark Office did not overstep its authority in adopting a set of new rules that some intellectual property lawyers say fundamentally alter patent practice and threaten innovation.

It is one the latter point that the federal circuits have split — some are more liberal and some more conservative.

But here there is a split among federal courts of appeals on an important constitutional question — the D.C. Circuit and the Fifth Circuit take the individual rights view (see here and here for why the Fifth Circuit's decision can't be dismissed as dictum), while I think nine other circuits take the collective rights view.

On Aug. 19, Argentina filed petition for a writ of certiorari, urging the justices to settle what it described as a significant split among circuit courts regarding whether an arbitration tribunal's «manifest disregard of the law» provides a sufficient basis for federal courts to undo that tribunal's rulings.

2012), recently weighed in on a matter that has split the Circuits and has given pause to international contract draftsmen and international dispute resolution practitioners: to what extent to international contracts containing mandatory arbitration provisions supercede contrary state (or even federal) law.

The Fifth Circuit, in effect, denied about $ 5.5 million in fees and costs to Baker Botts in the ASARCO bankruptcy if we read the Fifth Circuit opinion correctly, leading to a grant of certiorari (No. 14 - 103) to resolve the split among federal circuit Circuit, in effect, denied about $ 5.5 million in fees and costs to Baker Botts in the ASARCO bankruptcy if we read the Fifth Circuit opinion correctly, leading to a grant of certiorari (No. 14 - 103) to resolve the split among federal circuit Circuit opinion correctly, leading to a grant of certiorari (No. 14 - 103) to resolve the split among federal circuit circuit courts.

On December 9, the Eleventh Circuit issued the first opinion in the country from a circuit court of appeals addressing the split of authority among the federal district and state courts on whether builders, whose developments are partially exempt under ILSA, must comply with all disclosure provCircuit issued the first opinion in the country from a circuit court of appeals addressing the split of authority among the federal district and state courts on whether builders, whose developments are partially exempt under ILSA, must comply with all disclosure provcircuit court of appeals addressing the split of authority among the federal district and state courts on whether builders, whose developments are partially exempt under ILSA, must comply with all disclosure provisions.

I conclude, however, that we would err by creating a split in the law of the various circuits by holding that a prisoner may maintain a cause of action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), against such employees where adequate state law remedies exist.

Actually, there is fairly limited Michigan law applying the ministerial exemption to this sort of wrongful termination, so the defendants rely on a lot of federal cases involving the ministerial exemption from Title VII, which is the subject of large circuit split on the substantive merits / jurisdiction question.

Also, what is your view on whether the Ninth Circuit — which is already by far the largest federal appellate court and which might soon be expanded to thirty - five active judges — should be split into two or more smaller circuits, and is there a particular manner of dividing the Ninth Circuit that you view as best?

Creating a circuit split between federal appellate courts, the Second Circuit has ruled that courts are required to defer to United States Department of Housing and Urban Development's («HUD») interpretation of section 8 (b) of the Real Estate Settlement Procedures Act («RESPA») regarding a lender's mark - up of a third party's fees when no additicircuit split between federal appellate courts, the Second Circuit has ruled that courts are required to defer to United States Department of Housing and Urban Development's («HUD») interpretation of section 8 (b) of the Real Estate Settlement Procedures Act («RESPA») regarding a lender's mark - up of a third party's fees when no additiCircuit has ruled that courts are required to defer to United States Department of Housing and Urban Development's («HUD») interpretation of section 8 (b) of the Real Estate Settlement Procedures Act («RESPA») regarding a lender's mark - up of a third party's fees when no additional...

The Court affirmed the rulings of the lower court, resolving a split among federal circuit courts of appeal.