Search for: "United States Court of Appeals,second Circuit"
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27 Oct 2016, 9:20 am
NMFS and CBD appealed the District Court decision. [read post]
5 Aug 2008, 1:01 am
Sure the Cartoon Network can appeal to the United States Supreme Court, but the question of direct copyright infringement is not the interesting one to pursue, and MIPTC predicts SCOTUS won't take TCN's petition for certiorari. [read post]
22 Dec 2010, 7:13 pm
The Eleventh Circuit panel rejected the Second Circuit's plain error review exception when there is no contemporaneous objection to bias at sentencing. [read post]
22 Dec 2010, 7:13 pm
The Eleventh Circuit panel rejected the Second Circuit's plain error review exception when there is no contemporaneous objection to bias at sentencing. [read post]
8 Oct 2019, 9:44 am
Iancu, No. 18-1285 (“Whether MPEP § 1207.04 violates patent applicants’ statutory right of appeal following a second rejection. [read post]
1 Jul 2020, 4:05 am
Citing Second Circuit precedent, Judge McMahon further held that, as landlords can still make viable use of their property by renting apartments and collecting rents, they thus could not establish a regulatory taking.Similarly, in rejecting the Contracts Clause challenge, the court concluded that landlords should have reasonably foreseen that their lease agreements could be subject to further regulatory dictates. [read post]
1 Jul 2020, 4:05 am
Citing Second Circuit precedent, Judge McMahon further held that, as landlords can still make viable use of their property by renting apartments and collecting rents, they thus could not establish a regulatory taking.Similarly, in rejecting the Contracts Clause challenge, the court concluded that landlords should have reasonably foreseen that their lease agreements could be subject to further regulatory dictates. [read post]
3 Apr 2019, 10:54 pm
Sabraw of the United States District Court for the Southern District of California requested briefing on whether a Rule 54(b) judgment--final (thus appealable), but with respect to a subset of the claims in the case--should be entered or not. [read post]
16 Apr 2012, 4:04 am
On appeal, the Second Circuit affirmed, holding specifically that the cancelation power under 15 U.S.C. [read post]
24 Mar 2016, 10:53 am
The question presented in United States Army Corps of Engineers v. [read post]
26 Mar 2025, 8:50 am
Court of Appeals for the 5th Circuit largely upheld that decision, a divided Supreme Court put the district judge’s order on hold, allowing the Biden administration to enforce the rule while it appealed. [read post]
25 Jan 2022, 10:50 am
Court of Appeals for the Eighth Circuit.] [read post]
30 Aug 2009, 11:30 pm
The Second Circuit rejects this broad remedy. [read post]
19 Oct 2018, 6:39 am
The Court of Appeals (Katzmann, Lohier and Stanceu [Court of Int'l Trade]) says these allegations state a claim. [read post]
21 Jun 2013, 12:30 pm
The Second Circuit affirmed that decision, and the father filed a petition for certiorari. [read post]
26 Apr 2023, 4:07 am
" I began to learn that hard lesson when I was a young lawyer at the United States Department of Justice. [read post]
26 Dec 2013, 9:50 pm
On November 18, 2013 the United States Court of Appeals for the Federal Circuit revived Apple's bid for a permanent patent injunction against Samsung's Android-based devices with respect to three multitouch software patents (rubber-banding, tap-to-zoom-and-navigate, and pinch-to-zoom API), while affirming Judge Lucy Koh's denial of injunctive relief with respect to the asserted design patents. [read post]
19 Dec 2006, 5:25 am
On appeal to the United States Court of Appeals for the Second Circuit, that court agreed that a fraud claim had not been sufficiently alleged, but certified a series of "novel and important questions" to the New York State Court of Appeals. [read post]
13 Apr 2010, 6:00 am
(Emphasis added.)In vacating the district court's judgment and reinstating the Fabozzis' lawsuit, the United States Court of Appeals for the Second Circuit held that, for purposes of a homeowners insurance policy's two-year Suit Against Us limitations period, the "date of loss" mentioned in that condition is ambiguous and does not mean the date of physical loss or accident, but the date when the… [read post]
26 Nov 2018, 1:35 pm
In October, the US Court of Appeals for the Second Circuit upheld the Zero Emissions Credit subsidy for nuclear power plants in New York. [read post]
