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1 Mar 2014, 2:35 pm
United States, 81 A.3d 303 (D.C. 2013). [read post]
27 Feb 2014, 1:42 pm
The great state of Oklahoma is not O.K. with the Tenth Circuit’s holding that the Oklahoma Court of Criminal Appeals clearly violated Beck v. [read post]
27 Feb 2014, 10:10 am
”14 The Second Circuit in YouTube and the Ninth Circuit in Shelter Capital read this language very broadly, finding that even transcoding and indexing user-submitted content to facilitate its public playback was protected by the safe harbor.15 While Section 512(c) protects a service provider for many automated acts that occur after a user uploads content to the service, the one thing it doesn’t provide immunity for is content supplied by the service provider… [read post]
26 Feb 2014, 8:30 am
Court of Appeals for the Ninth Circuit had not decided it in ruling in Apel’s favor on the reach of the law. [read post]
26 Feb 2014, 8:09 am
District Court also noted decisions from two other circuits, one from the Second Circuit Court of Appeals in In re Spong, 661 F.2d. 6 (1981) and one from the Ninth Circuit Bankruptcy Appellate Panel in Matter of Gwinn, 20 B.R. 233 (1982). [read post]
24 Feb 2014, 7:36 pm
Alabama contrary to United States Supreme Court precedent, although the state court expressly recognized, cited and applied the appropriate federal standard of review but its analysis was not a model of clarity; and (2) whether the decision of the court of appeals finding error under Beck based solely on speculative and non-existent evidence is so clearly erroneous, and in conflict with other lower federal courts, that… [read post]
21 Feb 2014, 8:38 pm
Promptly turning over Brady material promptly is important because it provides some assurance that the guilty party had a full and fair opportunity to defend himself (and was found guilty because he was guilty).Unfortunately, as Alex Kozinski, Chief Judge of the United States Court of Appeals for the Ninth Circuit, recently wrote, "There is an epidemic of Brady violations abroad in the land. [read post]
21 Feb 2014, 8:38 pm
Promptly turning over Brady material promptly is important because it provides some assurance that the guilty party had a full and fair opportunity to defend himself (and was found guilty because he was guilty).Unfortunately, as Alex Kozinski, Chief Judge of the United States Court of Appeals for the Ninth Circuit, recently wrote, "There is an epidemic of Brady violations abroad in the land. [read post]
21 Feb 2014, 6:59 am
Or they may prefer to be in federal court. [read post]
19 Feb 2014, 1:11 pm
” The Ninth and Tenth Circuits both have accelerated their calendars in appeals involving challenges to state bans on the performance and recognition of same-sex marriages, so it is possible the Sixth Circuit will follow the lead of these other Circuits. [read post]
19 Feb 2014, 12:38 pm
This was not correct, reports the United States Supreme Court. [read post]
18 Feb 2014, 11:20 am
On appeal, the Ninth Circuit Court of Appeals agreed holding that REAOC presented no evidence that credibly supported its position. [read post]
17 Feb 2014, 12:12 pm
“the Ninth Circuit” is the circuit court that hears appeals from district courts in the western U.S.), and of course the highest level is the U.S. [read post]
16 Feb 2014, 12:06 am
As set out in two separate posts on the Lumer & Neville website, the Chief Judge of the Ninth Circuit called his brethren to task for enabling the chronic disregard of Brady, which was followed by a New York Times editorial echoing Judge Kozinski's lament.We previously blogged about how Alex Kozinksi, the Chief Judge of the United States Court of Appeals for the Ninth Circuit, had warned about an "epidemic" of… [read post]
16 Feb 2014, 12:06 am
As set out in two separate posts on the Lumer & Neville website, the Chief Judge of the Ninth Circuit called his brethren to task for enabling the chronic disregard of Brady, which was followed by a New York Times editorial echoing Judge Kozinski's lament.We previously blogged about how Alex Kozinksi, the Chief Judge of the United States Court of Appeals for the Ninth Circuit, had warned about an "epidemic" of… [read post]
14 Feb 2014, 12:00 pm
Alabama contrary to United States Supreme Court precedent, although the state court expressly recognized, cited and applied the appropriate federal standard of review but its analysis was not a model of clarity; and (2) whether the decision of the court of appeals finding error under Beck based solely on speculative and non-existent evidence is so clearly erroneous, and in conflict with other lower federal courts, that… [read post]
14 Feb 2014, 11:13 am
s non-organic mushrooms into the United States. [read post]
13 Feb 2014, 9:01 pm
In Part One of this series, we began to analyze the recent decision from the federal Ninth Circuit Court of Appeals in SmithKline Beecham Corp. v. [read post]
13 Feb 2014, 4:30 am
On appeal, the Ninth Circuit reversed, departing from the Second and Eleventh Circuit Courts of Appeal. [read post]
12 Feb 2014, 9:24 am
The Scovil court spent ten pages discussing FDA preemption generally, including the poor Ninth Circuit Stengel decision and the equally unpleasant Ramirez decision. [read post]
