Sentences with phrase «lower federal appeals»

The Supreme Court ruled that a lower federal appeals court had «inflated the significance» of the commercial nature of 2 Live Crew's song.

Not exact matches

A federal appeals court has affirmed four lower court judgments that debt collector Portfolio Recovery Associates violated federal law by failing to report to credit bureaus when consumers disputed the amount of debt they supposedly owed.

The U.S. Supreme Court on Monday declined to hear Google's appeal of a lower court's ruling that narrowed the scope of patents that can be challenged before a federal tribunal whose proceedings have led to the cancellation of many patents.

The Washington Post reported that the Justice Department requested on Monday that a federal appeals court continue to negotiate with Christian schools like East Texas Baptist University, Houston Baptist University, and Westminster Theological Seminary for another two months, rather than dropping their case and allowing the schools to continue to not offer contraception coverage per a lower court decision.

When the trial court ruled against the AG's office, we encouraged them to appeal, but unfortunately the chances of a successful appeal under the federal Natural Gas Act were low.

Last week, former State Assembly Speaker Sheldon Silver (D - Lower Manhattan) escaped justice when a federal appeals panel overturned his conviction for accepting bribes and money - laundering.

The U.S. Supreme Court is granting the Trump administration's request to more strictly enforce its ban on refugees, at least until a federal appeals court weighs in, but leaving in place a lower court order that makes it easier for travelers from six mostly Muslim countries to enter the United States.

Interestingly enough, because in the US you have the right to appeal to a higher court if you don't like the decision of a lower court, many times states will find very popular gun control bills struck down by a Federal court who tells them that in the pure legal sense, their gun control laws are unconstitutional.

Silver's 2015 conviction on corruption charges was overturned last month by a federal appeals court, which remanded the case back to a lower court for retrial.

ALBANY — A federal appeals court on Tuesday backed a lower court's decision not to halt last year's County Legislature elections based on a lawsuit alleging voting rights violations in the county's redistricting plan.

Former Assemblyman Richard Brodsky has scored a victory in his long - running battle against the Nuclear Regulatory Commission and Entergy, the owner of Indian Point, thanks to a federal appeals court that reversed a lower court ruling on the commission's responsibility to involve and notify the public before exempting the Hudson Valley nuclear power plant from health and safety requirements.

In a win for ultra-orthodox Jewish sects, a federal appeals court ruled a NYC regulation, which requires parental consent before a mohel is allowed to suck blood from an infant's circumcised penis, must pass a stricter constitutional test than was applied by the lower court.

A federal appeals court this morning overturned former Lower East Side Assemblyman Sheldon Silver's 2015 conviction on federal corruption charges.

The two trials, which ran concurrently in adjacent federal courthouses in Lower Manhattan, are now fused in their appeals: Lawyers in both cases cited the McDonnell ruling.

(CNN)- A federal appeals court sided with the government Monday, allowing the military to maintain its «don't ask, don't tell» policy during an appeal of a lower court ruling that the law barring openly gay and lesbian soldiers is unconstitutional.

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

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.

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.

A federal appeals court has upheld a lower court's order requiring a suburban Philadelphia school district to allow a performance by a Christian...

The New York State Court of Appeals, in a June 23 ruling overturning three lower state courts, acknowledged that school districts» heavy reliance on local property taxes puts poor districts at a disadvantage, but found that the inequities do not violate the state or federal constitutions.

A federal appeals court has overturned a lower court's finding that minority parents on a local school council in Chicago engineered the firing of their school's principal because he is white.

A federal appeals court overturns a lower - court ruling that New York State's law requiring disclosure of standardized - test information conflicted with federal copyright law.

The provision seeks to reverse the recent federal appeals court ruling these parents obtained, which held that the regulation patently violated NCLB's unambiguous requirement that only fully prepared teachers be deemed «highly qualified» and that, as such, teachers still in - training must be publicly disclosed and not concentrated in low - income, high - minority schools.

In Roth v. ECMC, another federal appeals court also questioned a lower court's requirement that the 64 year old debtor should have been willing to enroll in a 25 year repayment plan for her $ 95,000 in student loans.

The current environment of low interest rates and a weak dollar remain supportive of gold prices, Ms. Ong said, adding that the potential for further quantitative easing by the Federal Reserve also increases gold's appeal in the longer term

American Express wins right to block merchants from promoting rival cards — Earlier this week, a federal appeals court ruled that American Express can prevent merchants from steering customers to credit cards with lower transaction fees.

A federal appeals court upheld a lower court's temporary suspension of President Donald Trump's «Foreign Terrorist Entry» executive order on Thursday.

In this case, Microsoft challenged the strength of that presumption — arguing that a low «preponderance» standard for proving invalidity should be sufficient rather than the higher «clear and convincing» standard required by the Court of Appeals for the Federal Circuit.

«We are happy this lawsuit is moving forward with an appeal,» says Eric Steenstra, President of Vote Hemp, a non-profit organization working to bring industrial hemp farming back to the U.S. «We feel that the lower court's decision not only overlooks Congress's original legislative intent, but also fails to stand up for fundamental states» rights against overreaching federal regulation.

August 2, 2016: New Hampshire Legal Assistance wins Supreme Court appeal on behalf of low - income parents of children with disabilities Federal assistance for children with severe disabilities is designed to support their special — and often expensive — needs.

Canada has four levels of court: the Supreme Court of Canada; the Federal Court of Appeal, and provincial and territorial courts of appeal; provincial and territorial superior courts; and, provincial and territorial (lower) cAppeal, and provincial and territorial courts of appeal; provincial and territorial superior courts; and, provincial and territorial (lower) cappeal; provincial and territorial superior courts; and, provincial and territorial (lower) courts.

Some states have intermediary appellate courts, which operate along the lines of the federal courts of appeals — resolving appeals arising from the state's lower courts.

These include the federal government's increased success in lower courts, giving it less reason to appeal, and a Congress that enacts fewer laws, giving the Court fewer statutes to interpret.

As an example, in 2012, the Federal Court of Appeal was faced with two lower court decisions which had identified a different «inventive concept» for the same claim.

Legal work includes providing representation of clients on Fair Housing matters, legal advocacy for low - income clients in Federal Court and other venues, negotiation of settlement agreements and appeal hearings.

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

Lead counsel for Nartron on appeal, where the U.S. Court of Appeals for the Federal Circuit reversed a lower court and found for Nartron on Borg Indak «s challenge to inventorship.

Bernard LLP partner, Gary Wharton, was successful as counsel in the Federal Court of Appeal in upholding a lower court decision clarifying important limits on the right of sistership arrest under Canadian law.

The ruling, which allowed a trans woman to pursue a disability discrimination case under the Americans with Disabilities Act, is not binding in New Jersey federal cases right now, but it could become so if the Third Circuit of Appeals reaches the issue and adopts the lower court's conclusion.

Decisions in Canadian trademark cases are binding on lower courts if they are decided by the Supreme Court of Canada, the Federal Court of Appeal, or the court of appeal in any given ProAppeal, or the court of appeal in any given Proappeal in any given Province.

The Supreme Court hears cases appealed from lower federal courts, cases that are appealed from state supreme courts and cases between state governments.

Buffalo commercial litigation partner Vivian Quinn and associate Tracey Scarpello co-authored this piece about how the federal appeals court has been divided over the significance and scope of the ascertainability requirement in litigation involving low - cost consumer goods.

Patent law insiders say part of the problem is the U.S. Court of Appeals for the Federal Circuit, which was set up in 1982 specifically to handle patent cases but has struggled at times to give clear guidance to lower courts.

Each of these four cases involved, first, a decision by a Superior Court Judge interpreting an insurance contract (or in Ross - Clair, a construction contract with the federal government), and then a decision of the Court of Appeal reviewing that lower court decision.

[175] In my respectful opinion, a close reading of both the Federal Court decision in Attorney General of Canada v. Johnstone and CHRT, 2013 FC 113 (CanLII) and the Federal Court of Appeal decision in the appeal from that decision... reveal a recognition of the difficulties associated with a low threAppeal decision in the appeal from that decision... reveal a recognition of the difficulties associated with a low threappeal from that decision... reveal a recognition of the difficulties associated with a low threshold.

The Court of Review is an appellate court, and like other Article III appellate courts, it has the power to bind both lower courts (in this case, the FISC) and later Court of Review panels.22 The Court of Review probably has the same discretion as federal courts of appeals to designate opinions as precedential and non-precedential; at least, no statutory provision declares otherwise.23 The two public Court of Review opinions are published in redacted form in the Federal Reporter.24 As with the published case of the FISC sitting en banc, these published Court of Review cases are certainly precedential.25 We do not know the volume, if any, of secret non-precedential Court of Review opinions, or whether there are non-public Court of Review opinions that are nonetheless treated as precedfederal courts of appeals to designate opinions as precedential and non-precedential; at least, no statutory provision declares otherwise.23 The two public Court of Review opinions are published in redacted form in the Federal Reporter.24 As with the published case of the FISC sitting en banc, these published Court of Review cases are certainly precedential.25 We do not know the volume, if any, of secret non-precedential Court of Review opinions, or whether there are non-public Court of Review opinions that are nonetheless treated as precedFederal Reporter.24 As with the published case of the FISC sitting en banc, these published Court of Review cases are certainly precedential.25 We do not know the volume, if any, of secret non-precedential Court of Review opinions, or whether there are non-public Court of Review opinions that are nonetheless treated as precedential.

LeNoury now faced the unenviable task of trying to overturn two subsequent lower judgments written by two respected workhorses: Justice James O'Reilly of the Federal Court of Canada and Justice David Stratas of the Federal Court of Appeal.

(That's because the Federal Circuit has exclusive jurisdiction over patent appeals but, in this case, Posner decided to sit as a lower court judge to hear the case.)

A federal appeals court has ruled that Aereo's TV - anywhere service doesn't violate copyright law, opening the door for the startup to expand a service that lets consumers watch television on their mobile device for as low as $ 1 a day.

The Court of Appeal overturned a lower court decision where the Judge vested 100 % of this man's monthly pension payments in his ex-wife, and ordered the garnishment of that same percentage of the payor's government old age monthly benefits (even though federal legislation limits attachment of all those benefits to 50 %).