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30 May 2012, 6:00 pm
That initiative remains on hold pending the resolution of certain objectors’ appeal to the Ninth Circuit. [read post]
30 May 2012, 12:47 am
The Supreme Court pointed out that both the Pennsylvania Supreme Court and the United State District Court found that sufficient evidence to convict Johnson prior to the Third Circuit’s contrary finding. [read post]
29 May 2012, 1:31 pm
Court of Appeals, Sixth Circuit, Case No. 10-3269. [read post]
29 May 2012, 8:17 am
The United States Court of Appeals for the Seventh Circuit has held that two pharmaceutical companies did not violate the Fair Labor Standards Act (FLSA) by failing to pay overtime to their sales representatives, concluding that the FLSA’s “administrative exemption” from the statute’s overtime requirements was applicable to these employees. [read post]
26 May 2012, 8:23 am
On May 24, 2012, the United States Senate confirmed Roy W. [read post]
25 May 2012, 6:10 pm
“Given the differences we had last session with the sheriffs and the DAs, where we ended up unwittingly at an impasse, we had an incredibly great session with the sheriffs and the DAs,” said Judge Fredericka Wicker of the 5th Circuit Court of Appeal, who has been a leader on the Sentencing Commission, of this year’s deliberations. [read post]
25 May 2012, 9:25 am
The United States Court of Appeals for the Second Circuit recently weighed in on the scope of the United States Supreme Court’s influential opinion in Stern v. [read post]
25 May 2012, 9:00 am
He fully exhausted the grievance process to complain of this, had his grievances and appeals denied, but the prison then ceased to enforce the policy. [read post]
3rd Circuit Decides “Police Power” Exception to Automatic Stay Applies Only in Limited Circumstances
25 May 2012, 8:51 am
On December 29, 2011, the United States Court of Appeals for the Third Circuit handed down its decision in In re Nortel Networks, Inc., No. 11-1895, 2011 U.S. [read post]
25 May 2012, 3:00 am
On the other hand, the Third Circuit observed that two other Circuits, the Fourth and the Fifth, permit the application of the venue provision of Section 3238 “even when some of a defendant’s conduct takes place in the United States”. [read post]
25 May 2012, 12:05 am
The same court listed Kimberlin's unsuccessful appeals and collateral attacks on his convictions: Kimberlin’s convictions have been affirmed on appeal, United States v. [read post]
24 May 2012, 1:02 pm
The United States Supreme Court has granted the plaintiffs’ petition to review the Ninth Circuit ruling, and is poised to resolve the conflict regarding the Outside Sales exemption. [read post]
24 May 2012, 12:02 pm
The United States Supreme Court has granted the plaintiffs’ petition to review the Ninth Circuit ruling, and is poised to resolve the conflict regarding the Outside Sales exemption. [read post]
24 May 2012, 8:56 am
The United States Court of Appeals for the Eleventh Circuit joined several other circuits in holding contrary to statute a Department of Justice (DOJ) regulation divesting the Board of Immigration Appeals (BIA) of jurisdiction when an alien leaves the United States in Lin v. [read post]
23 May 2012, 4:00 pm
Johnson, 11-1053, a state-on-top habeas case out of the Third Circuit; Parker, Warden v. [read post]
23 May 2012, 1:27 pm
Courts of Appeal for the Third and Fourth Circuits construing similar wordings. [read post]
23 May 2012, 1:27 pm
Courts of Appeal for the Third and Fourth Circuits construing similar wordings. [read post]
23 May 2012, 5:49 am
Third, the Court of Appeals found that the statute was clear and unambiguous because it stated that a civil action “may be brought . . . [read post]
22 May 2012, 3:21 pm
Prompt decisions by District Courts in the two photo ID cases could speed up their path to the Justices, because they would be appealed directly, bypassing the Circuit Court. [read post]
22 May 2012, 1:27 pm
Finally, the Court noted that, even if the Third Circuit definition had been adopted in this case, “it is far from obvious” that the Capato twins would be included. [read post]