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27 Jan 2015, 8:22 pm by Bankruptcy Attorney
Court of Appeals for the Second Circuit considered whether the “safe harbor” provision of Bankruptcy Code section 546(e) provides a defense against a trustee’s claims to avoid Ponzi scheme payments under state fraudulent transfer law made applicable by section 544(b), and under Bankruptcy Code provisions allowing the avoidance of “constructive” fraudulent transfers. [read post]
27 Jan 2015, 8:22 pm by Bankruptcy Attorney
Court of Appeals for the Second Circuit considered whether the “safe harbor” provision of Bankruptcy Code section 546(e) provides a defense against a trustee’s claims to avoid Ponzi scheme payments under state fraudulent transfer law made applicable by section 544(b), and under Bankruptcy Code provisions allowing the avoidance of “constructive” fraudulent transfers. [read post]
28 Jul 2021, 7:55 am by IPWatchdog
O’Malley’s announcement means that Biden will get a second nominee to the United States’ top IP court. [read post]
9 Jul 2019, 2:39 pm by Beth Graham
The United States Court of Appeals for the Fifth Circuit has withdrawn its earlier opinion following a second rehearing of a case involving arbitration. [read post]
14 Mar 2013, 12:39 pm
Recently, the United States Court of Appeals for the Second Circuit, which covers New York, Vermont and Connecticut, reversed a decision of a District Court in the Western District of New York, dismissing a same-sex harassment claim on summary judgment grounds. [read post]
4 Feb 2014, 11:17 am by Daniel Brown
Jan. 27, 2014), the United States Court of Appeals for the Second Circuit held that even when a company’s securities are unregistered, federal law requires corporate insiders either to disclose material nonpublic information or abstain from trading in those securities. [read post]
20 Jul 2021, 9:17 am by Phil Dixon
This post summarizes published criminal and related decisions issued by the Fourth Circuit Court of Appeals in June 2021 that may be of interest to state practitioners. [read post]
26 Feb 2018, 12:35 pm by Eliot Kim
The Second Circuit declined to review this decision and the Supreme Court did not grant certiorari. [read post]
1 Jul 2008, 2:58 pm
[www.markschwab.us][www.markschwab.us]ny-821133 No. 08-13435-P _____________________________ IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _____________________________ MARK DEAN SCHWAB, Plaintiff - Appellant, v. [read post]
16 Oct 2015, 6:04 pm by Sabrina I. Pacifici
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT (Argued: December 3, 2014 Decided: October 16, 2015) “Plaintiff-appellants, who are authors of published books under copyright, appeal from the judgment of the United States District Court for the Southern District of New York (Chin, J.) in favor of Defendant Google, Inc. [read post]
25 May 2007, 3:28 pm
UPDATE: The D.C. government's motion for a stay indicates that an appeal to the Supreme Court would include these questions: "(1) whether the [Circuit Court] panel decision conflicts with the Supreme Court's decision in United States v. [read post]
8 Feb 2011, 11:00 am by Ray Dowd
Appeals to the court come from all federal district courts, the United States Court of Federal Claims, the United States Court of International Trade, and the United States Court of Appeals for Veterans Claims. [read post]
11 Mar 2010, 4:12 pm
The United States Court of Appeals for the Ninth Circuit, which includes California, issued a ruling on March 9 that the clear and unambiguous language of RESPA Section 8(b) does not reach the practice of overcharging. [read post]
18 Sep 2022, 2:28 pm by Kevin LaCroix
  On the other hand, Markel said the appeals court may have set too high a standard for these types of claim,” in reference to the Second Circuit’s finding of plaintiff’s need to show retaliatory intent to state a claim. [read post]
4 Mar 2019, 12:00 am by Michael A. Conforti
The Court has, however, reviewed the record and takes particular note of the recent orders issued by the United States Supreme Court . . . as well as the extraordinary Order of the United States Court of Appeals for the Ninth Circuit. [read post]
11 May 2018, 9:32 pm by Florian Mueller
30 days after Samsung obtained an antisuit injunction against Huawei's enforcement of two standard-essential patent (SEP) injunctions granted by a Chinese court, Huawei filed an appeal and notified the United States District Court for the Northern District of California accordingly:The above screenshot is from an automated notification email to those following the case, which is one of half a dozen cases on my N.D. [read post]
20 Aug 2024, 7:58 am by Phil Dixon
This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during July 2024. [read post]