Sentences with phrase «lower court»

Upholding two earlier lower court rulings, it said the 1976 census law forbids the use of statistical sampling for determining apportionment — the number of members each state gets in the House of Representatives.

A lower court's 23 August preliminary injunction halting hESC research «has a profound impact» that «disrupts not only the processing of grant applications currently under review by NIH, but it disrupts many of its currently funded grants, and it has already threatened ongoing programs to educate physicians and physician - researchers,» the brief states.

Patent attorney and blogger Dennis Crouch, in comments published today in his column Patently - O, anticipates that the Supreme Court will send the Myriad case back to the lower court for reconsideration.

With the reversal of the decision of the lower court by the Circuit Court of Appeals, the development of aviation in this country is now unhampered.»

He also speculates that the lower court «could logically find» that, in light of today's ruling, isolated DNA cited in the Myriad BRCA gene patents is «unpatentable.»

UC announced yesterday that it is the first research institution to seek to «intervene,» or become a party in the case, in which the government is appealing a lower court's ruling that National Institutes of Health (NIH) funding to study human embryonic stem cells (hESCs) violates federal law.

It is astonishing that the lower court should have failed to find in these facts a sufficient conflict of evidence to deny the granting of an injunction.

(The dissenting appeals judge sided with the lower court.)

Ruling affirms lower court decision denying challenge to federal research on human embryonic stem cells

Late last year, Sen was sentenced to life imprisonment by a lower court.

The case is back before a lower court to decide on other issues, including whether the estate will be able to access the account despite Yahoo's terms of service agreement.

Trump has touted the fact that the names on his list — some of whom he has already appointed to lower court jobs — have been vetted by «respected conservative leaders.»

Yesterday, the same day an appeals court questioned lawyers about the case, the government filed documents in a lower court arguing that the lawsuit brought by two researchers who oppose human embryonic stem cell (hESC) research should be thrown out.

Some biomedical research watchers are feeling blindsided by a federal appeals court decision last week that reversed a lower court's rejection of a lawsuit challenging the Obama Administration's stem cell policy.

The stay allows NIH to return to business as usual until at least 20 September, which is the deadline for the parties to file briefs so the appeals court can decide whether to continue a lower court's 23 August preliminary injunction.

The court knocked down a test for patentability used by the lower court — a requirement that a process be linked to a machine or «transformation» of material to be viable.

The court tossed out the specific invention in this case, as the lower court had done.

The suit now goes back to the lower court, which must reconsider its rejection of the plaintiffs» request for a motion to block federal funding of ESC research.

Although that possibility appeared remote, the five - judge panel, headed by Fausto Izzo, remained closed in their chamber for 10 hours before confirming the lower court's decision.

The Seventh Circuit Court of Appeals backed a lower court that ruled several years ago that Xenon violated a partnership agreement by failing to share income from the Novartis «sublicense» deal.

And the appeals court went even further than the lower court.

The court let stand a lower court decision that a Stanford University scientist's assignment of rights in HIV testing technology to Roche Molecular Systems Inc. superseded the scientist's earlier assignment to Stanford, perhaps costing Stanford — and the scientist — millions of dollars in royalties.

Justices overturn lower court rulings on policy targeting people from six majority - Muslim countries

The 17 December ruling upheld a lower court's decision to deny an effort by Myriad Genetics to prevent another company from developing genetic tests that Myriad says are still protected by its patents — despite the 2013 Supreme Court decision that knocked out some elements of those patents.

You report that the US Court of Appeals for the Federal Circuit overturned a lower court's judgment that human BRCA...

A lower court will hear the case on 21 September.

But the US Biotechnology Industry Organization (BIO) is dismayed by the position on isolated «natural» genes, even though the brief came out against the lower court's ban on most other types of gene patent.

It comes out in support of a ruling in March by a lower court that the patents, owned by biotech firm Myriad Genetics, should be revoked because they cover gene variants identical to ones that can be found naturally in women.

The court also sent Hwang's plea to overturn his dismissal from Seoul National University (SNU) back to a lower court for review and upheld previous rulings acquitting him of fraud charges.»

The appellate court, in arriving at its decision, said it was necessary that it determined whether or not the appellant was denied fair hearing by the lower court.

He held that the lower court was in grievous error when it ordered the publication of Ibrahim's name pointing out that the decision of the high court was in total breach of the provision of section 36 of the 1999 constitution, which it said forbade any court from denying fair hearing to a party likely to be affected by final decision of the court.

The 4 - 4 vote leaves a lower court's ruling in place, ending the plan Obama put into place by executive action after Congress failed, yet again, to pass a comprehensive immigration bill.

This July, a state appeals court unanimously uphelda lower court ruling that, indeed, the city violated state environmental law in building the Mott Haven campus.

In response, Akinseye - George said, «Merely filing an appeal does not operate as a stay of proceedings at the lower court.»

That ruling effectively left in place a 2010 decision from a lower court striking down the measure.

The fight against Carl Paladino's removal from the Buffalo School Board is something far more involved than just asking a judge to «appeal» the decision of a lower court; it involves building an entire new case and starting a lawsuit from scratch

It said the lower court judge erred in dismissing claims over Spitzer's statements tying Greenberg's 2005 exit from AIG to fraud there, citing a lack of evidence of such a link.

ALBANY — The Court of Appeals on Thursday upheld a lower court ruling that a judge can not use the threat of contempt charges to compel a district attorney to prosecute a case, specifically addressing Albany County district attorney David Soares» decision not to prosecute Occupy Albany protesters.

On June 27, 2016, the United States Supreme Court unanimously vacated McDonnell's conviction and remanded the case back to a lower court.

Greenberg and Spitzer had been appealing a June 2014 lower court ruling letting Greenberg pursue part of his case against Spitzer, his longtime nemesis.

In the months since Scalia's passing, the country's highest bench has split four - four on a number of crucial cases, ranging from immigration to public sector unions — leaving a lower court's ruling in place.

Dissatisfied with the judgment of the trial court, Aminu filed an appeal at the Court of Appeal, Kaduna Division, praying the Appellate court to set aside the judgment of the lower court.

The Supreme Court said the lower court used the wrong standard.

The Appellate court in its judgment delivered by Justice H.A.O Abiru upheld the decision of the lower court and resolved all issues raised against the appellant.

In Alabama Legislative Black Caucus v. Alabama, decided a week ago on March 25, 2015, the Supreme Court reversed and sent back the lower court decision.

The county is set to appear in the state Appellate Division in Brooklyn Thursday to try to overturn a lower court ruling that upheld the deputy sheriffs» agreement with former County Executive Steve Levy, which gave them the right to patrol the Long Island Expressway and Sunrise Highway through 2017.

The SAN subsequently went before the Court of Appeal, seeking leave to challenge the conviction of the companies before the lower court.

Appellate Court Judge Patrick H. NeMoyer on Thursday stayed a temporary restraining order issued earlier in the week by a lower court that barred Gov. Andrew Cuomo from vetoing a bill that would keep Western New York Children's Psychiatric Center operating in West Seneca.

Bronx Household of Faith is petitioning the Supreme Court to listen to its appeal of a lower court ruling that prevents it from holding religious services at PS 15 in University Heights.

The decision upholds a March ruling from a lower court, and is a blow to the Bloomberg administration's attempts to revitalize the city's education system by shutting down failing schools.