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31 May 2013, 6:28 am
Last week, the United States Court of Appeals for the Sixth Circuit held that a claim alleging a false statement of opinion or belief in a registration statement may proceed under Section 11 of the Securities Act notwithstanding the absence of allegations showing that the defendants did not actually hold the opinion or believe the statement. [read post]
28 May 2013, 1:23 pm
Court of Appeals, Ninth Circuit, Case No. 12-35266. [read post]
25 May 2013, 6:59 am
Harkonen On May 7, 2013, the Ninth Circuit of the United States Court of Appeals denied, Dr. [read post]
22 May 2013, 6:00 am
In re Territo (a Ninth Circuit decision) applied that rule in affirming that it was perfectly lawful to hold Territo as a POW, and Ex parte Quirin (a Supreme Court decision) not only said the same but also approved prosecution by military commission for both the citizens and non-citizens among the captured German saboteurs. [read post]
21 May 2013, 5:31 am
Motorola in Seattle and its affirmance by the United States Court of Appeals for the Ninth Circuit (this circuit also includes California), San Jose-based Senior District Judge Ronald Whyte granted a preliminary injunction based on a summary judgment finding in RealTek's favor on Realtek's allegation that LSI and Agere breached their FRAND licensing obligation by seeking an ITC exclusion order without previously offering a license on… [read post]
21 May 2013, 4:13 am
United States: Superceding panel opinion Arizona & Glendale En Banc Petition Gila River En Banc Petition Federal Response TON Response The court’s syllabus: The panel withdrew its prior opinion and published a superseding opinion affirming in part, and reversing and remanding in part, the district court’s summary judgment in favor of federal defendants in an action by the City of Glendale seeking to set aside the United States… [read post]
20 May 2013, 1:32 pm
Court of Appeals, Ninth Circuit, Case No. 12-15052. [read post]
18 May 2013, 12:52 pm
The petitioners – who are the heirs to life insurance policies that were never paid – ask the Court to determine whether (as the en banc Ninth Circuit held) the state law is preempted (i.e., invalid under federal law) under the foreign affairs doctrine. [read post]
17 May 2013, 7:36 am
But since then, in 2011 the United States Supreme Court decided Wal-Mart Stores, Inc. v. [read post]
15 May 2013, 5:53 am
Court of Appeals for the Ninth Circuit affirmed the district court's ruling, but in Zurcher v. [read post]
14 May 2013, 2:36 pm
Jackson, 12-694, the Ninth Circuit state-on-top habeas case we know and love. [read post]
14 May 2013, 9:48 am
By Robert Sahyan On April 30, 2013, the United States Court of Appeals for the Ninth Circuit held that the bankruptcy court has authority to recharacterize as equity, rather than debt, advances of funds made purportedly as a loan to the recipient prior to its bankruptcy. [read post]
14 May 2013, 8:48 am
By Robert Sahyan On April 30, 2013, the United States Court of Appeals for the Ninth Circuit held that the bankruptcy court has authority to recharacterize as equity, rather than debt, advances of funds made purportedly as a loan to the recipient prior to its bankruptcy. [read post]
13 May 2013, 8:38 am
Hoehn (Case No. 11-16751), the United States Court of Appeals for the Ninth Circuit last week affirmed a district court ruling that a litigious copyright holding company lacked the substantive exclusive right of ownership to pursue infringement claims against various online sites.The eloquent decision written by Justice Richard Clifton began: "Abraham Lincoln told a story about a lawyer who tried to establish that a calf had five legs by… [read post]
12 May 2013, 5:30 am
Rules Against Patent Play by Google’s Motorola Unit http://t.co/6gr69YiIEf -> Dr. [read post]
10 May 2013, 4:34 pm
The leading authority on point is a 1978 case from the United States Court of Appeals for the Ninth Circuit, raised in the context of exporting blueprints for missile cases. [read post]
10 May 2013, 7:42 am
That sparked a petition to the White House, which the President responded to saying he supports the right to unlock legally purchased technology. 2: Ninth Circuit Vacates Fair Use Finding in Righthaven Case Next up today, Thomas O’Toole at Bloomberg BNA reports that the Ninth Circuit Court of Appeals has ruled against Righthaven, the copyright “troll” that became famous for its no-warning lawsuits against those who used content… [read post]
9 May 2013, 11:43 am
Apr. 9, 2013), the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of four class action lawsuits filed by employees against brokerage firms Wells Fargo, Bank of America, and Morgan Stanley. [read post]
9 May 2013, 11:17 am
Apr. 9, 2013), the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of four class action lawsuits filed by employees against brokerage firms Wells Fargo, Bank of America, and Morgan Stanley. [read post]
9 May 2013, 5:00 am
She is currently clerking for the Honorable Marsha Berzon of the United States Court of Appeals for the Ninth Circuit. [read post]
