The Third Circuit has become
the third federal appeals court to hold that a lender could violate the Real Estate Settlement Procedures Act by charging consumers higher fees for a service than it paid a third - party company when the lender provided no additional service.
Not exact matches
And a
third decision brought fresh attention to a landmark
federal appeals court ruling against considering race at the University of Texas law school.
Jessika has successfully represented clients in mediations, administrative hearings, and in state and
federal court, including the United States Court of
Appeals for the
Third Circuit.
She is a member of the New Jersey Bar Association, the American Bar Association, and is admitted to practice in New Jersey and in the
federal court, including the United States Court of
Appeals for the
Third Circuit.
Both were ruled by state regulators to be beneficial for Massachusetts ratepayers, but the project is overcoming court hurdles, with A D.C.
appeals court case, a case before the Massachusetts Supreme Judicial Court, and a
third in a
federal district court remaining.
A D.C.
appeals court case, a case before the Massachusetts Supreme Judicial Court, and a
third in a
federal district court remaining.
Women also make up around one -
third of active Circuit Court of
Appeals judges and a quarter of
Federal Court judges.
-- Pennsylvania — New Jersey — U.S. Court of
Appeals for the
Federal Circuit — U.S. Court of
Appeals for the
Third Circuit — U.S. District Courts for the Eastern, Middle and Western Districts of Pennsylvania — U.S. District Court for the District of New Jersey
The U. S. Court of
Appeals for the
Third Circuit has ruled that the Little Sisters of the Poor Saints Peter and Paul Home (Little Sisters) demonstrated sufficient interest in
federal litigation involving portions of the religious exemption interim final rule (IFR) to warrant
Professional Admissions: State of New Jersey State of New York United States Supreme Court United States District Court for the District of New Jersey United States District Court for the Southern District of New York United States District Court for the Eastern District of New York United States Court of
Appeals for the Second Circuit United States Court of
Appeals for the
Third Circuit United States Court of
Appeals for the
Federal Circuit Professional Activities: Appointee, District V - A Ethics Committee (Newark / Essex) Appointee, Consumer Protection Law Committee of the New Jersey State Bar Association Appointee, Business and Commercial Litigation Committee of the New Jersey State Bar Association Appointee, Franchise Law Committee of the New Jersey State Bar Association Appointee, Hudson County Civil Practice Committee Barrister, Hudson American Inn of Court Member, New Jersey Association for Justice Member, American Bar Association Member, New Jersey State Bar Association (Civil Trial Bar, Products Liability and Mass Torts, and Business and Commercial Law Sections) Member, New York Bar Association Member, Hudson County Bar Association Member, Hackensack Regional Chamber of Commerce
The Commission then
appealed to the
federal Court of
Appeals for the
Third Circuit, which affirmed the district court's judgment on July 13, 2009.
The
Third, Sixth, Seventh and Eleventh Circuit Courts of
Appeal (the
federal appellate courts) have held that Section 15 is a jurisdictional prerequisite, and an issue for the courts to decide.
The court then expressed general agreement with the
Federal Court of
Appeal's decision in the RCMP Complaints Commission case, although it broadened that court's characterization of the
third category to include not just disqualification cases, but also, for example, cases where a regulator wished to impose conditions such as supervision or special reporting obligations on a registrant.
Here in New Jersey, the relevant
federal appeals court is the
Third Circuit.
According to The
Third Branch, the
federal courts newsletter, it is the first
federal appeals court to offer RSS feeds.
Defended party in proceedings under 28 U.S.C. 1782 for discovery in aid of arbitration in Delaware and Texas
federal courts and on successful
appeals before the US Courts of
Appeal for the
Third and Fifth Circuits
A little less than a decade ago, the
federal Third Circuit Court of
Appeals, whose rulings affect
federal cases in New Jersey, Pennsylvania, and Delaware, issued an important ruling that can affect people with bipolar disorder in New Jersey.
Three patents were asserted, with one being dismissed on summary judgment, one being dismissed by JNOV after trial, and the
third being dismissed after an
appeal to the
Federal Circuit.
While at Robinson + Cole, Mr. Donlon has handled over 30
appeals, not only in the Connecticut and New York state courts but also in the Second, Third, Ninth, and Federal Circuit Courts of A
appeals, not only in the Connecticut and New York state courts but also in the Second,
Third, Ninth, and
Federal Circuit Courts of
AppealsAppeals.
Admissions: States District of Columbia Maryland Virginia Colorado Pennsylvania (inactive) US District Courts District of Columbia District of Maryland Eastern District of Virginia Western District of Virginia US Courts of
Appeals Third Circuit Fourth Circuit Fifth Circuit Sixth Circuit Eleventh Circuit District of Columbia Circuit
Federal Circuit State High Courts District of Columbia Court of
Appeals Maryland Court of
Appeals Supreme Court of Virginia US Court of Claims US Customs Court US Court of Military
Appeals US Tax Court US Supreme Court
John has tried dozens of cases in state and
federal courts and argued cases before the
Third Circuit Court of
Appeals.
He is admitted to practice before the Supreme Court of Pennsylvania, Superior Court of Pennsylvania, United States District Court for the Western District of Pennsylvania, United States Court of
Appeals for the
Federal Circuit, U.S. Court of
Appeals for the
Third Circuit and United States Court of
Federal Claims.
The other three are William Pryor, a Sixth Circuit Court of
Appeals judge, as well as
Third Circuit judge Luis Restrepo and
federal district - court judge Henry Hudson.
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.
Received a defense verdict in a bad faith trial in the
federal court from a jury wherein the demand was $ 1 million against the top plaintiff bad faith litigator in Pennsylvania, which was upheld on
appeal to the
Third Circuit.
First Circuit Court of
Appeals Second Circuit Court of
Appeals Third Circuit Court of
Appeals Fourth Circuit Court of
Appeals Fifth Circuit Court of
Appeals Sixth Circuit Court of
Appeals Seventh Circuit Court of
Appeals Eighth Circuit Court of
Appeals Ninth Circuit Court of
Appeals Tenth Circuit Court of
Appeals Eleventh Circuit Court of
Appeals Federal Circuit Court of
Appeals D.C. Circuit Court of
Appeals Federal Reporter (3rd Series) United States Tax Court Opinions United States Bankruptcy Courts Opinions
On Monday of this week, the U.S. Court of
Appeals for the
Third Circuit became the
federal appellate court with the most current vacancies among its active judgeship ranks — four.
The
federal district court granted their motion, and the
Third Circuit Court of
Appeals affirmed the dismissal.
On June 22nd, the
Federal Court of
Appeal ordered Public Works and Government Services Canada to re-determine an access request because it decided that a
third - party's consent to disclose its commercial information ruled out an exemption claim.
He is admitted to practice in Pennsylvania and before the United States Supreme Court, the
Third, Fifth and Eleventh Circuit Courts of
Appeal, and several
federal district courts.
On an issue of first impression in North Carolina, the North Carolina Court of
Appeals held that StubHub could not be held liable for the resale of allegedly overpriced Hannah Montana concert tickets by
third - party sellers on its website based on
federal immunity under Section 230 of the Communications Decency Act.
Past
appeals for this clinic have all been in
federal appellate courts (Fourth Circuit, D.C. Circuit, and
Third Circuit), but the venue might vary.
Brendan has appeared before trial courts throughout the country, as well as the U.S. Courts of
Appeal for the
Third, Fourth, Eighth, Ninth and
Federal Circuits.
After having had its
third trial in the seemingly never ending Java API «fair use» case denied by a
federal court in California, Oracle has new filed papers this week stating that it will take its case to the US Court of
Appeals.
How do I handle requests for such references?Thank you so much for your help!CherylCHERYL M. EARLE3407 Old Dobbin Road, Montgomery, Alabama 36116 - 1903Home Phone: 334-215-3706 Cell Phone: 334-233-2631 Fax: 334-273-0477 E-mail:
[email protected] position managing legal discovery and document review with opportunity to assist attorneys with civil litigationBAR ADMISSIONAlabama State Bar, 1999LAW - RELATED EXPERIENCELaw Firm, AlabamaResearch Attorney for Special Projects, Mass Torts Department, November 2001 — February 2008 • Managed Multi-District Litigation (MDL) Document Depository (September 2002 to February 2008) o Reviewed more than 1 million pages of evidentiary documents for litigation purposes and for inclusion in electronic databaseso Coordinated document review assignments with attorneys at local depository and at other sites across the USo Retrieved, reviewed and coded documents in Concordance and Summation legal databaseso Prepared memoranda and spreadsheets providing detailed analysis of discovery materials • Aided attorneys and support staff with processing and preparation of personal injury claims and litigationo Conducted legal research and drafted pleadingso Conducted supplementary online research for additional documents and information pertinent to litigationo Assisted with preparation of correspondence to clients and referring attorneyso Contacted clients for additional information needed in case preparation, litigation, and potential settlementso Prepared and input case intakes and referrals into databaseLaw School, AlabamaStudent Intern, Alabama Disabilities Advocacy Program (ADAP), August 1996 — June 1997 • Participated in law school clinical program under
third - year law student practice rule (as authorized by Alabama Supreme Court) o Assisted attorneys and advocates in cases involving mentally ill patients confined to state mental health facilitieso Interviewed clients in person (at state facilities) and over the phoneo Worked with clients, attorneys, and social workers to investigate and resolve issues concerning involuntary confinement and treatmento Aided in legal research on an appellate brief submitted to the U. S. Court of Appeals for the Eleventh Circuit (ruling granted in favor of our client) Faculty Research Assistant for Library Services, Bounds Law Library, March 1996 — June 1997 • Prepared research and teaching materials for law school faculty; worked 20 hours per week while matriculating 10 - 15 hours per semester) o Investigated copyright issues related to procuring and reproducing texts for academic useo Conducted legal research using WESTLAW, LEXIS and the InternetADDITIONAL RELEVANT EXPERIENCEManufacturing Company (MC), Montgomery, AlabamaAdministrative Assistant and Cost Analyst, Materials Purchasing Department, April 1999 — September 2001 • Assisted materials buyers in negotiating and preparing commodities contracts between raw materials suppliers and MC for manufacturing plants in the US and Mexicoo Assisted Legal Department at MC's corporate headquarters with coordination and preparation of documents for litigationo Notified and educated suppliers about MC's freight - on - board policy and its corresponding Uniform Commercial Code (UCC) provisions; result was the reduction of freight claims for both the company and its supplierso Prepared contracts and purchase orders for raw materials and capital projects involving plant maintenanceo Solicited price quotations from current vendors and established Excel spreadsheet format which simplified quote submission process and allowed MC to track and compare usage volumes and costs over timeo Prepared and analyzed cost reports used by materials buyers and production planners in purchasing decisions, including cost reductions, materials consolidation, and selection of vendorso Acted as liaison between vendors and the Purchasing, Transportation and Accounting Departments on issues concerning inbound freight, commercial carriers, and payment terms for commodities, resulting in reductions in freight costs and greater payment discounts for raw materialso Established online databases and printed directories for the Purchasing Department, allowing buyers to have easier and faster access to current vendor informationo Completed Year 2000 (Y2K) compliance project, which involved data collection and communication with MC's past, present, and potential materials suppliers and service providersNot - For - Profit Organization, AlabamaAdministrative Assistant, Combined Federal Campaign, September 1998 — January 1999 • Aided Campaign Director with 1998 Federal Campaigns (CFCs) in City 1 and City 2, which together generated nearly $ 700,000 for more than 1,000 local, national and international charitieso Prepared weekly reports on donations using WordPerfect, Microsoft Word, Excel and dBase IVo Wrote script for Talent Showcase at City 1's 1998 CFC Kickoffo Assisted Director with merger of the City 1 and City 2 CFCs in 1999Regional Bank, AlabamaAdministrative Assistant, Year 2000 (Y2K) Department, March — June 1998 • Worked with Vice President of Corporate Projects on short - term project for the bank's Y2K Departmento Analyzed and processed data on Y2K readiness for all branches of Bank throughout the southeastern USo Organized meetings for personnel of Banko Communicated with vendors of computer hardware, software, and office equipment to request information on Y2K complianceo Prepared compliance files for Federal Reserve auditso Prepared in - house memoranda and reports using Microsoft Word and ExcelRecord / Music Promotion Company, AlabamaRecord Pool Co-Founder; Office Manager, September 1990 — December 1991 • Co-founded record pool to enhance promotion of music in Alabama and the southeastern USo Procured and distributed records from major and independent labels for club, radio and mobile disc jockeyso Coordinated jointly sponsored promotional events with record companies, radio stations and clubso Designed, wrote, and published bi-weekly reports and brochures to inform the music industry of the progress and popularity of music and performers in the region, with specific focus on the Alabama music sceneMajor University, AlabamaGraduate Research Assistant, AUM Department of Marketing, June 1989 — August 1990 • Worked 13 - 20 hours per week as a research assistant to Marketing faculty while carrying a full course load in the MBA programo Analyzed consumer surveys used in academic researcho Assisted Conference Chairperson with coordination for Atlantic Marketing Association (AMA) annual meeting (October 1989) o Co-authored five - year index and classification of AMA Proceedings (published Fall 1991) EDUCATIONLaw School, AlabamaJuris Doctor (JD), 1997 • Scholarshipso Seybourn H. Lynne Scholarship, 1996 - 97o Dexter C. Hobbs Memorial Scholarship, 1995 - 96o E. W. Godbey Memorial Scholarship, 1994 - 95 • Honorso Who's Who Among American Law School Students, 1996 - 94o Arthur Davis Shores Award, 1997 • Activitieso Frederick Douglass Moot Court Team Manager, 1996 - 97 Southern Regional Competition, Second Place National Competition, Eighth Placeo John A. Campbell Moot Court Competition, Spring 1996o Black Law Students Association Delegate, BLSA National Convention, 1997 Co-Chairperson, Public Relations Committee, 1996 - 97 Chairperson, Public Relations Committee, 1995 - 96 BLSA President's Award, 1996 and 1997o American Bar Association, 1996 - 97 Entertainment and Sports Industries Forum Intellectual Property Section Law Student Divisiono LAWS Student Group Leader, 1995 - 96Major University, AlabamaMaster of Business Administration (MBA), 1990Bachelor of Science in Business Administration (B.S.B.A.), 1988 (Major: Marketing — Advertising and Promotion Track) • Honorso Dean's List • Activitieso National Student Advertising Competition Team, 1988 - 90 Seventh District Competition: Third Place, 1990o Marketing Club, 1987 - 90 Vice President — Career Development, 1988 - 89o Public Relations / Advertising (PR / AD) Club, 1988 - 90 Charter Member, 1988 Active in fund - raising and membership driveso Theater Guild, 1988 - 90 Screening Committee, 1989REFERENCESAvailable upon re
third - year law student practice rule (as authorized by Alabama Supreme Court) o Assisted attorneys and advocates in cases involving mentally ill patients confined to state mental health facilitieso Interviewed clients in person (at state facilities) and over the phoneo Worked with clients, attorneys, and social workers to investigate and resolve issues concerning involuntary confinement and treatmento Aided in legal research on an appellate brief submitted to the U. S. Court of
Appeals for the Eleventh Circuit (ruling granted in favor of our client) Faculty Research Assistant for Library Services, Bounds Law Library, March 1996 — June 1997 • Prepared research and teaching materials for law school faculty; worked 20 hours per week while matriculating 10 - 15 hours per semester) o Investigated copyright issues related to procuring and reproducing texts for academic useo Conducted legal research using WESTLAW, LEXIS and the InternetADDITIONAL RELEVANT EXPERIENCEManufacturing Company (MC), Montgomery, AlabamaAdministrative Assistant and Cost Analyst, Materials Purchasing Department, April 1999 — September 2001 • Assisted materials buyers in negotiating and preparing commodities contracts between raw materials suppliers and MC for manufacturing plants in the US and Mexicoo Assisted Legal Department at MC's corporate headquarters with coordination and preparation of documents for litigationo Notified and educated suppliers about MC's freight - on - board policy and its corresponding Uniform Commercial Code (UCC) provisions; result was the reduction of freight claims for both the company and its supplierso Prepared contracts and purchase orders for raw materials and capital projects involving plant maintenanceo Solicited price quotations from current vendors and established Excel spreadsheet format which simplified quote submission process and allowed MC to track and compare usage volumes and costs over timeo Prepared and analyzed cost reports used by materials buyers and production planners in purchasing decisions, including cost reductions, materials consolidation, and selection of vendorso Acted as liaison between vendors and the Purchasing, Transportation and Accounting Departments on issues concerning inbound freight, commercial carriers, and payment terms for commodities, resulting in reductions in freight costs and greater payment discounts for raw materialso Established online databases and printed directories for the Purchasing Department, allowing buyers to have easier and faster access to current vendor informationo Completed Year 2000 (Y2K) compliance project, which involved data collection and communication with MC's past, present, and potential materials suppliers and service providersNot - For - Profit Organization, AlabamaAdministrative Assistant, Combined
Federal Campaign, September 1998 — January 1999 • Aided Campaign Director with 1998
Federal Campaigns (CFCs) in City 1 and City 2, which together generated nearly $ 700,000 for more than 1,000 local, national and international charitieso Prepared weekly reports on donations using WordPerfect, Microsoft Word, Excel and dBase IVo Wrote script for Talent Showcase at City 1's 1998 CFC Kickoffo Assisted Director with merger of the City 1 and City 2 CFCs in 1999Regional Bank, AlabamaAdministrative Assistant, Year 2000 (Y2K) Department, March — June 1998 • Worked with Vice President of Corporate Projects on short - term project for the bank's Y2K Departmento Analyzed and processed data on Y2K readiness for all branches of Bank throughout the southeastern USo Organized meetings for personnel of Banko Communicated with vendors of computer hardware, software, and office equipment to request information on Y2K complianceo Prepared compliance files for
Federal Reserve auditso Prepared in - house memoranda and reports using Microsoft Word and ExcelRecord / Music Promotion Company, AlabamaRecord Pool Co-Founder; Office Manager, September 1990 — December 1991 • Co-founded record pool to enhance promotion of music in Alabama and the southeastern USo Procured and distributed records from major and independent labels for club, radio and mobile disc jockeyso Coordinated jointly sponsored promotional events with record companies, radio stations and clubso Designed, wrote, and published bi-weekly reports and brochures to inform the music industry of the progress and popularity of music and performers in the region, with specific focus on the Alabama music sceneMajor University, AlabamaGraduate Research Assistant, AUM Department of Marketing, June 1989 — August 1990 • Worked 13 - 20 hours per week as a research assistant to Marketing faculty while carrying a full course load in the MBA programo Analyzed consumer surveys used in academic researcho Assisted Conference Chairperson with coordination for Atlantic Marketing Association (AMA) annual meeting (October 1989) o Co-authored five - year index and classification of AMA Proceedings (published Fall 1991) EDUCATIONLaw School, AlabamaJuris Doctor (JD), 1997 • Scholarshipso Seybourn H. Lynne Scholarship, 1996 - 97o Dexter C. Hobbs Memorial Scholarship, 1995 - 96o E. W. Godbey Memorial Scholarship, 1994 - 95 • Honorso Who's Who Among American Law School Students, 1996 - 94o Arthur Davis Shores Award, 1997 • Activitieso Frederick Douglass Moot Court Team Manager, 1996 - 97 Southern Regional Competition, Second Place National Competition, Eighth Placeo John A. Campbell Moot Court Competition, Spring 1996o Black Law Students Association Delegate, BLSA National Convention, 1997 Co-Chairperson, Public Relations Committee, 1996 - 97 Chairperson, Public Relations Committee, 1995 - 96 BLSA President's Award, 1996 and 1997o American Bar Association, 1996 - 97 Entertainment and Sports Industries Forum Intellectual Property Section Law Student Divisiono LAWS Student Group Leader, 1995 - 96Major University, AlabamaMaster of Business Administration (MBA), 1990Bachelor of Science in Business Administration (B.S.B.A.), 1988 (Major: Marketing — Advertising and Promotion Track) • Honorso Dean's List • Activitieso National Student Advertising Competition Team, 1988 - 90 Seventh District Competition:
Third Place, 1990o Marketing Club, 1987 - 90 Vice President — Career Development, 1988 - 89o Public Relations / Advertising (PR / AD) Club, 1988 - 90 Charter Member, 1988 Active in fund - raising and membership driveso Theater Guild, 1988 - 90 Screening Committee, 1989REFERENCESAvailable upon re
Third Place, 1990o Marketing Club, 1987 - 90 Vice President — Career Development, 1988 - 89o Public Relations / Advertising (PR / AD) Club, 1988 - 90 Charter Member, 1988 Active in fund - raising and membership driveso Theater Guild, 1988 - 90 Screening Committee, 1989REFERENCESAvailable upon request
A
federal appeals court has considered whether section 8 (b) of the Real Estate Settlement Procedures Act («RESPA») is a price control statute or a prohibition on unauthorized kickbacks to
third parties.