Search for: "Order on Rehearing"
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13 Jun 2024, 11:15 am
[The Court ducks the conscience theory of standing based on the government's new position, "abandons" Haven's Realty, and starts the deadpool for associational standing] Today the Supreme Court unanimously reversed the Fifth Circuit in FDA v. [read post]
10 Jun 2024, 12:43 am
The written description rejection was upheld on appeal and subsequent rehearing by the PTAB. [read post]
7 Jun 2024, 3:30 am
The Fifth Circuit’s decision takes effect when the Fifth Circuit issues a formal order called a “mandate” to the SEC, which would ordinarily occur shortly after the time to seek rehearing expires (or shortly after rehearing is denied, if sought). [read post]
29 May 2024, 2:51 pm
The Board initially denied LG’s motion, but LG sought rehearing. [read post]
22 May 2024, 1:33 pm
Torts -- Civil conspiracy -- Tortious interference -- Dismissal -- Attorney's fees -- Error to enter partial summary judgment in favor of defendants dismissing plaintiff's claims for tortious interference and civil conspiracy for failure to state a cause of action -- Taking pleaded facts as true, operative amended complaint stated sufficient causes of action to withstand a motion to dismiss -- Because award of attorney's fees was predicated upon judgment being reversed, fee… [read post]
20 May 2024, 8:05 pm
., dissented and expressed hope for an en banc rehearing, which is all but automatic when a Ninth Circuit panel renders a decision favorable to the Second Amendment. [read post]
17 May 2024, 1:07 pm
According to the Second Circuit, a "rare circumstance" under the Hague Convention where a court can order the return of a child to a parent who is "temporarily in a third country. [read post]
15 May 2024, 1:28 pm
As EFF, along with Authors Alliance, American Library Association, Association of Research Libraries, and Public Knowledge explained in an amicus brief supporting Netflix’s request for a rehearing, there are many kinds of transformative fair uses. [read post]
15 May 2024, 11:31 am
The proposed rules detail timing, format, and criteria for reviews, without delaying underlying PTAB proceedings unless ordered. [read post]
15 May 2024, 7:41 am
If not, a little background is in order. [read post]
14 May 2024, 12:07 pm
A three-judge panel of the US Court of Appeals for the DC Circuit refused to vacate Chutkan’s order in December, and the full court declined to hold a rehearing in January. [read post]
12 May 2024, 1:42 pm
Civil procedure -- Discovery -- Foreign subpoena -- Enforcement -- Jurisdiction -- Louisiana subpoena commanding a non-party Florida resident to produce documents -- Trial court erred by denying plaintiff's motion to compel production of items listed in a domesticated Louisiana subpoena duces tecum and deferring to Louisiana court on issue of whether information requested in subpoena was discoverable -- Under the Uniform Interstate Depositions and Discovery Act, the decision of whether… [read post]
9 May 2024, 10:32 am
" The government will very likely petition for rehearing and for en banc review in this case. [read post]
6 May 2024, 9:58 am
A full Fifth Circuit would not hear the issue after an 8-8 deadlock on the company’s en banc rehearing petition. [read post]
3 May 2024, 12:30 pm
Seventh Circuit: In which Frank Easterbrook retrieves a dusty, five-year-old petition for rehearing en banc from behind his desk (panel rehearing granted, amended opinion issued, petition for rehearing en banc denied). [read post]
1 May 2024, 1:21 pm
"Kids Climate Plaintiffs to Seek Rehearing En Banc," Jan. 20, 2020. [read post]
25 Apr 2024, 12:07 pm
There, in the USTelecom opinion, concurring in the denial of rehearing by Judge Sri Srinivasan, the court found that the 2015 Open Internet Order was constitutional under the First Amendment, because it was only aimed at ISPs that hold themselves out as a “neutral, indiscriminate pathway” and not to those “making [it] sufficiently clear to potential customers that it provides a filtered service involving the ISP’s exercise of ‘editorial discretion. [read post]
19 Apr 2024, 12:30 pm
[Bird poop, non-testimonial thumbs, and the heckler's veto.] [read post]
19 Apr 2024, 11:00 am
After two citations, police in Grants Pass can issue an order that bans the individual from city property; a violation of that order exposes the individual to a conviction on criminal trespass charges, which carry penalties of up to 30 days in jail and a $1250 fine. [read post]
19 Apr 2024, 7:28 am
By a 5-4 vote, the Supreme Court then stayed the order pending resolution of an appeal to the U.S. [read post]
