Sentences with phrase «rejected by a federal court»

Additionally, such a reclassification of ISPs as utilities is «legally dubious,» Downes says, and is likely to be rejected by federal courts.

The Nation initially brought a lawsuit against the state in 1999 but said it was ultimately rejected by a federal court because a state under the Constitution couldn't legally be sued.

Instead of fighting to repeal the entire set of stricter gun laws, a bi-partisan group of lawmakers has introduced legislation to chip away at parts of the Safe Act that have proved hard to enforce, been rejected by a federal court, and, in one case, has not been implemented yet.

Not exact matches

The 2nd U.S. Circuit Court of Appeals in New York also rejected an appeal by MP3tunes founder Michael Robertson, who was ordered to pay $ 12.2 million after a federal jury in 2014 found him liable for copyright infringement.

On Sunday, a federal court rejected a request by the Standing Rock Sioux Tribe to halt construction of the Dakota Access pipeline but said that ruling was «not the final word,» as a necessary easement still needed government approval.

Federal Courts determined that the Mormon Church is not the original Church led by Joseph Smith as the decision over ownership of the only surviving Church from Joseph Smith's life, Kirkland Temple in Ohio; the Federal Court rejected the Mormon Church's claim of ownership.

In a 34 - page defence filed in the Federal Court in Melbourne on Monday, lawyers for Coles rejected key claims by the ACCC, which launched legal action in May, alleging that Coles used unfair tactics and misleading information to force about 200 suppliers to pay additional and ongoing rebates to participate in the program known as Active Retail Collaboration.

As federal courts move to decide whether to intervene on the Congressional redistricting process, the last ditch legal efforts on behalf of Albany's legislative leaders to dismiss the lawsuit was rejected by a three judge panel this evening.

Justice Mohammed Idris of the Federal High Court in Lagos on Thursday rejected the offer of N500, 000 fine made by an official of the Independent National Electoral Commission, Mr. Christian Nwosu, who was convicted of taking N30m bribe to compromise the 2015 general elections.

Justice Muslim Hassan of a Federal High Court in Lagos on Monday rejected an ex parte application by Justice Rita Ofili - Ajumogobia, seeking immediate release from the custody of the Economic and Financial Crimes Commission.

(EFCC Press Release) Justice M.B. Idris of the Federal High Court sitting in Ikoyi, Lagos, on Monday, May 8, 2017, rejected an application filed by a former First Lady, Patience Jonathan, seeking a declaration that she owns the sum of $ 9.8 m domiciled in Skye Bank.

When Manhattan's federal appeals court vacated Silver's corruption conviction last week, it left open the door to a new trial by unanimously rejecting Silver's claim that the feds didn't present enough evidence to prove he took «pay - to - play» kickbacks.

If they don't have a quorum, then you get exactly the same outcome as if instead of rejecting most petitions for cases to be heard by them, they just reject them all: the federal appeals court's decisions stand.

The Federal High Court in Lagos on Friday rejected an application by the Economic and Financial Crimes Commission seeking to seize the funds in 15 bank accounts linked to Mrs. Patience Jonathan.

Finding arguments put forth by KIPP Academy to be «without merit,» the United States Court of Appeals today rejected an attempt by KIPP to use the federal court to avoid arbitrating a contract dispute with the United Federation of TeacCourt of Appeals today rejected an attempt by KIPP to use the federal court to avoid arbitrating a contract dispute with the United Federation of Teaccourt to avoid arbitrating a contract dispute with the United Federation of Teachers.

A Federal High Court in Abuja has rejected an ex parte application filed by the Senator representing Delta Central, Ovie Omo - Agege, to stop his suspension by...

Metuh who is facing trial for alleged criminal breach of trust and money laundering at the federal high court, Abuja, his family said had made advances to return the money but was rejected by the government.

A Federal High Court in Ado Ekiti, on Tuesday, rejected a fresh bid by the Economic and Financial Crimes Commission to freeze the Zenith Bank accounts of the Ekiti State Governor, Ayodele Fayose.

These groups filed a legal challenge in Hawaii shortly before launch in 1997, but the challenge was rejected by the federal district court in Hawaii and the Ninth Circuit Court of Appcourt in Hawaii and the Ninth Circuit Court of AppCourt of Appeals.

June 14, 2016 • The U.S. Court of Appeals for the D.C. Circuit rejected a lawsuit by telecom, cable and wireless industry associations against new rules that expanded federal oversight of Internet service providers.

When a federal court in 2005 rejected an attempt by the Dover, Pa., school board to introduce intelligent design as an alternative to evolution to explain the development of life on Earth, it sparked a renaissance in involvement among scientists in K - 12 science instruction.

A federal appeals court has rejected claims by a black educators» group that Las Vegas school officials intentionally segregated students.

• Commitment to federal laws established by Supreme Court rulings: OCR's current reading of its authority under Title IX goes beyond the narrow interpretation adopted by the Supreme Court in two decisions that addressed the sexual harassment issue, even explicitly rejecting the rulings in guidelines issued under the Clinton administration.

While federal assistance has an ameliorating effect on the difference in school budgets between wealthy and poor districts, the District Court rejected an argument made by the State in that court that it should consider the effect of the federal grant in assessing the discrimination cCourt rejected an argument made by the State in that court that it should consider the effect of the federal grant in assessing the discrimination ccourt that it should consider the effect of the federal grant in assessing the discrimination claim.

A federal judge has rejected a request by the Cleveland Board of Education to declare the district «unitary,» or desegregated, and end court jurisdiction over it.

A federal court in Austin Texas heard arguments and then rejected a motion by certain disgruntled commercial dog breeders to block the state's new puppy mill law from going into effect.

Back on July 7, 2017, the D.C. Circuit Court of Appeals rejected FERC's order revising PJM Interconnection's «Minimum Offer Price Rule» (MOPR), saying FERC exceeded its Section 205 authority under the Federal Power Act by commanding an entirely different approach to the MOPR than what PJM's stakeholders agreed upon...

The presiding judge - William Sessions III, sitting in the U.S. District Court in Burlington - rejected the carmakers» argument that the proposed state rules conflicted with rules set forth by the federal government and that they imposed unnecessary and costly burdens on them:

Well, at least almonds, according to a recent federal district court ruling against a group of California almond growers.A federal judge has rejected a challenge by fifteen California organic almond growers to halt the mandatory treatment of raw almonds as required by the Almond Board of California.

In the ruling earlier this month, the Court rejected a DOE finding that federal agencies can not take action to reduce fuel use because petroleum reduction goals mandated by the Act are unachievable.

Work highlights Acted for Google in the Federal Circuit to defend a lower court judgment which rejected claims brought by Oracle, which alleged Google infringed Oracle's copyrights when Google used a portion of the Java platform to build the Android mobile device platform.

Federal Courts Reject Employer's Attempt to Sidestep FLSA Break Rules By Calling Its Break Policy Flexible Time, New Jersey Employment Lawyer Blog, Oct. 26, 2017

On a petition for writ of mandamus, the Federal Circuit ordered the U.S. District Court for the Eastern District of Texas to transfer venue of a patent action — rejecting the four - part venue test proposed by Judge Rodney Gilstrap following the U.S. Supreme Court's ruling in TC Heartland LLC...

The judge, Thomas F. Hogan of Federal District Court in Washington, rejected a request by Ms. Miller and her lawyers that she be allowed to serve her detention at home or in Connecticut or elsewhere, and ordered that she be put in custody and taken to a jail in the District of Columbia area until October, or until she changed her mind about testifying.

Specifically, the Tribunal held that the test for discrimination was the same in all cases and expressly rejected the family status test set out by the Federal Court of Appeal in Johnstone, which it viewed as creating a higher standard for family status claims than cases based on other forms of discrimination.

On October 4, 2017, the U.S. Court of Appeals for the Federal Circuit issued an en banc decision rejecting certain procedures adopted by the Patent Trial and Appeal Board (PTAB or Board) limiting a patent owner's ability to amend claims during Inter Partes Review (IPR) proceedings under the America Invents Act.

The Federal Court of Appeal ultimately rejected eBay's arguments, finding that the information sought by the Canada Revenue Agency was not «foreign - based information» because that information was easily accessible by eBay's Canadian companies.

As we reported, on appeal the Federal Court of Appeal (FCA) held that the trial judge erred by rejecting the relevance of an existing NIA at law.

916, 74 L.Ed.2 d 74, the Supreme Court considered, and rejected, the same arguments made by this defendant, but in the context of federal constitutional guarantees.

92 JoEllen Lind, supra note 89, at 769 — 70 (citing 11 states rejecting all or part of the summary judgment standard articulated by the United States Supreme Court under Federal Rule Civil Procedure 56, and noting that differing state and federal summary judgment standards «make it much more likely that a defendant in federal court will obtain summary judgment than a defendant in state court»); J. Palmer Lockard, Summary Judgment in Pennsylvania: Time for Another Look at Credibility, 35Court under Federal Rule Civil Procedure 56, and noting that differing state and federal summary judgment standards «make it much more likely that a defendant in federal court will obtain summary judgment than a defendant in state court»); J. Palmer Lockard, Summary Judgment in Pennsylvania: Time for Another Look at Credibility, Federal Rule Civil Procedure 56, and noting that differing state and federal summary judgment standards «make it much more likely that a defendant in federal court will obtain summary judgment than a defendant in state court»); J. Palmer Lockard, Summary Judgment in Pennsylvania: Time for Another Look at Credibility, federal summary judgment standards «make it much more likely that a defendant in federal court will obtain summary judgment than a defendant in state court»); J. Palmer Lockard, Summary Judgment in Pennsylvania: Time for Another Look at Credibility, federal court will obtain summary judgment than a defendant in state court»); J. Palmer Lockard, Summary Judgment in Pennsylvania: Time for Another Look at Credibility, 35court will obtain summary judgment than a defendant in state court»); J. Palmer Lockard, Summary Judgment in Pennsylvania: Time for Another Look at Credibility, 35court»); J. Palmer Lockard, Summary Judgment in Pennsylvania: Time for Another Look at Credibility, 35 Duq.

In rejecting an argument that a conversion claim against a towing company, which had sold a towed vehicle despite the owner's efforts to reclaim it, was preempted by federal law governing a «service» of motor carriers, the Second District cited an internet news story about the inventor of the tow truck.29 The court relied on facts from that article to make the temporal point that Florida law permitted claims for conversion of property before there were tow trucks.

The high court's majority rejected the position taken by other federal appeals courts and by the commission that the «paycheck accrual rule?

A unanimous Court (8 - 0, Thomas writing, Gorsuch not participating) rejected the broad reading of a venue statute by which the Federal Circuit had empowered lawyers to forum - shop disputes from all over the country into a few decidedly pro-plaintiff venues, above all the largely rural Eastern District of Texas.

[A proposed Article of Amendment authorizing the General Court to impose and levy a graduated income tax and to base such tax upon the federal income tax, adopted by the General Court during the sessions of the years 1969 and 1971, was rejected by the people on the seventh day of November, 1972.]

Florida Federal Court Rejects Insurer's Attempt to Avoid Indemnity for Damage Caused by Construction Defects

The Yankunytjatjara and Pitjantjatjara and other Indigenous people of the town of Yulara, in the shadows of Uluru, had their claim for compensation for extinguishment of native title rejected by Justice Sackville in the Federal Court (the Jango case) 1in 2006.

Since the Full Federal Court decision in De Rose, [70] the Courts have repeatedly rejected the need for «on - going or continual physical occupation of the land» by the claimants.

With the ruling, the court becomes the third federal appellate court to reject a statement of policy issued in 2001 by the U.S. Department of Housing and Urban Development that expands the definition of unearned fees to include charges that don't involve a third party.