Search for: "United States Court of Appeals,ninth Circuit"
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23 Feb 2015, 10:35 am
On appeal, the Court of Appeals for the Ninth Circuit affirmed, concluding that tacking was a "highly fact-sensitive inquiry" that was properly the province of the jury. [read post]
20 Feb 2015, 10:06 am
” The state’s arguments In response, Michigan pivoted to a different textual argument than that on which the Sixth Circuit relied, focusing on Section 1915(g)’s reference to “an action or appeal in a court of the United States that was dismissed. [read post]
18 Feb 2015, 2:52 pm
Court of Appeals for the Ninth Circuit, the takings claim must be analyzed as a physical taking, as opposed to a regulatory taking? [read post]
18 Feb 2015, 6:55 am
The Ninth Circuit reversed. [read post]
17 Feb 2015, 2:18 pm
That ruling was stayed pending appeal, however, and the district court has subsequently enforced additional NSLs while EFF is arguing the case in the United States Court of Appeals for the Ninth Circuit. [read post]
15 Feb 2015, 8:38 pm
Colvin, an SSI appeal from the United States Court of Appeals for the Ninth Judicial Circuit, claimant was born in Russia and had suffered severe impairments since childhood. [read post]
12 Feb 2015, 9:01 pm
The Ninth Circuit approach is supported by most (but not all) of the statements the Supreme Court has made on the topic, but candor compels the acknowledgement that the law in this area is not really settled and could definitely benefit from high Court attention and clarification. [read post]
12 Feb 2015, 3:15 pm
Nevertheless, both the district court and the United States Court of Appeals for the Third Circuit concluded that the expert testimony was sufficient to establish that damages resulting from the “overbuilder” theory of injury were measurable on a classwide basis. [read post]
12 Feb 2015, 8:47 am
Feb. 6, 2015), the Bankruptcy Appellate Panel of the United States Court of Appeals for the Ninth Circuit (the "BAP") ruled that a chapter 11 plan of reorganization cannot classify an undersecured claim as fully secured unless the creditor itself elects to be treated as fully secured under Bankruptcy Code Section 1111(b)(2).In Marlow Manor, the debtor proposed a chapter 11 plan treating a partially-secured lienholder, namely… [read post]
12 Feb 2015, 8:47 am
Feb. 6, 2015), the Bankruptcy Appellate Panel of the United States Court of Appeals for the Ninth Circuit (the "BAP") ruled that a chapter 11 plan of reorganization cannot classify an undersecured claim as fully secured unless the creditor itself elects to be treated as fully secured under Bankruptcy Code Section 1111(b)(2).In Marlow Manor, the debtor proposed a chapter 11 plan treating a partially-secured lienholder, namely… [read post]
12 Feb 2015, 8:47 am
Feb. 6, 2015), the Bankruptcy Appellate Panel of the United States Court of Appeals for the Ninth Circuit (the "BAP") ruled that a chapter 11 plan of reorganization cannot classify an undersecured claim as fully secured unless the creditor itself elects to be treated as fully secured under Bankruptcy Code Section 1111(b)(2).In Marlow Manor, the debtor proposed a chapter 11 plan treating a partially-secured lienholder, namely… [read post]
9 Feb 2015, 10:58 am
" To let Bayer make this argument “would require the Court to extend Lanham Act protections to an international mark that was not used in United States commerce. [read post]
8 Feb 2015, 9:34 am
United States v. [read post]
8 Feb 2015, 6:00 am
On January 12, 2015, the United States Court of Appeals for the Second Circuit issued an unprecedented decision holding that a company's failure to disclose a known trend or uncertainty in its Form 10-Q filings, as required by Item 303 of SEC Regulation S-K, can give rise to liability under Section 10(b) of the Securities Exchange Act of 1934. [read post]
6 Feb 2015, 11:57 am
A divided three-judge panel of the United States Court of Appeals, Ninth Circuit dismissed Susheele Narayanan’s wrongful-death suit on March 19, 2014, finding that the Montreal Convention’s two year filing window relates back to the flight’s arrival, not to the later date of her husband’s death. [read post]
6 Feb 2015, 9:43 am
After the district court denied Pom Wonderful’s motion for preliminary injunction barring the defendant from selling its competing beverage, Pom Wonderful appealed to the Ninth Circuit. [read post]
4 Feb 2015, 6:35 pm
United States v. [read post]
4 Feb 2015, 3:56 pm
Sheppard Mullin’s intellectual property group prevailed before the United States Supreme Court in the trademark matter entitled Hana Financial v. [read post]
4 Feb 2015, 1:19 pm
Ninth Circuit Court of Appeals, in Kilby v. [read post]
4 Feb 2015, 5:23 am
The Fourth Circuit, in its unpublished opinion, lined up with the Seventh Circuit (United States v. [read post]
