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20 Oct 2011, 2:52 pm
Mark Lemley has a smart editorial up at Law.com on the hearings at the Second Circuit Court of Appeals in Viacom v. [read post]
11 Sep 2012, 3:29 pm
The court of appeals pointed out that the district court’s permanent injunction did not square with the APA requirement, 5 U.S.C. [read post]
28 Feb 2022, 10:00 am
The State of Alabama asked the Supreme Court to stay the district court’s order while it appeals. [read post]
29 Oct 2012, 6:44 pm
California’s Second Appellate District has clarified the proper application of the “death knell” doctrine to denials of class certification, and in the process has carved out an exception to the general rule proscribing successive class certification motions. [read post]
29 Jun 2009, 9:38 am
By contrast, Judge Alito’s concurring opinion comes much closer to an overt criticism of the rulings of the district court and court of appeals. [read post]
22 Apr 2010, 10:15 am
The Court of Appeals reversed the decision of the United States District Court for the District of Minnesota holding that an inquiry into Section 36(b) does not rely solely on the Gartenberg factors laid out by the Second Circuit in Gartenberg v. [read post]
27 May 2010, 10:21 am
Cir. 2010) The district court initially held Enzo’s patent claims invalid as indefinite because of the ill-defined term “not interfering substantially. [read post]
23 Mar 2017, 6:20 am
That is because the district court had actually thrown out the reasonable accommodation verdict in a post-trial motion before the case even reached the Second Circuit. [read post]
21 Feb 2024, 10:27 am
Plaintiff wins the appeal as the Court of Appeals reinstates the case.The case is Michel v. [read post]
28 Dec 2018, 6:46 am
This kind of fancy footwork could support plaintiff's retaliation claim, the Court of Appeals (Leval, Droney and Walker) says.The Second Circuit raises a few interesting points. [read post]
28 Jul 2011, 11:31 am
Both cases were re-heard by the Third Circuit Court of Appeals, sitting en banc, which recently ruled in favor of the student in both cases. [read post]
10 Feb 2014, 1:35 pm
The Appellate Court agreed that the appeal was technically moot, but opted to decide it anyway under the public interest exception, concluding that the appeal presented issues of public concern which had divided the Appellate Court and which were likely to recur. [read post]
10 Jan 2015, 3:30 am
Tower Hill Preferred Insurance Company,1 where Florida’s Second District Court of Appeal considered – and then rejected – Tower Hill’s claim that its insured had violated the policy’s “Concealment or Fraud” and “Duties After Loss” provision by not disclosing their sinkhole expert’s report before filing suit. [read post]
5 Feb 2009, 10:58 am
Court of Appeals for the District of Columbia Circuit denied a petition for review of the Federal Aviation Administration’s (FAA) “presumed to conform rule. [read post]
9 Mar 2007, 1:00 pm
Hot off the presses, today the United States Court of Appeals for the District of Columbia gave teeth to the Second Amendment in striking down the District of Columbia's near-total ban against possession of handguns in the District of Columbia, even in one's home (except for law enforcement). [read post]
27 Mar 2009, 4:20 pm
., the California Court of Appeal (Second Appellate District, Division Three) issued an opinion in a class action lawsuit about the practice of "tip pooling" common in restaurants and casinos. [read post]
16 Jul 2021, 6:03 am
But the Court of Appeals agrees with the district court, and what might appear to be "smoking gun" evidence is not enough to survive summary judgment, and the case is over. [read post]
24 Aug 2012, 12:33 pm
Nike, Inc., No. 11-982, to an appeal from the Second Circuit’s decision affirming the Southern District of New York’s holding that a covenant not to sue entered in a trademark dispute ended the case and controversy between the parties. [read post]
24 Aug 2012, 12:33 pm
Nike, Inc., No. 11-982, to an appeal from the Second Circuit’s decision affirming the Southern District of New York’s holding that a covenant not to sue entered in a trademark dispute ended the case and controversy between the parties. [read post]
4 Sep 2023, 9:01 pm
” In May 2020, the district court found that the syndicated bank loan at issue was not a security and dismissed the case.[2] On appeal to the Second Circuit, the plaintiff argued, among other things, that the Court had erroneously applied the “family resemblance test” established by the Supreme Court in Reves v. [read post]
