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2 Jan 2014, 1:42 pm
”  The case had been returned to the district court after the Supreme Court’s reversal of the Court’s previous ruling finding the defendant liable for copyright infringement. [read post]
19 Jan 2009, 12:12 pm
Jan. 15, 2009) Scippio argued on appeal that: (1) he was entitled to a minor role adjustment; and (2) the district court had failed to account for disparities between his sentence and those of his co-defendants.As to the first issue, the Second Circuit noted that "it is not enough that a defendant played a lesser role than his co-conspirators; his conduct must have been minor when compared to the average participant in such a crime. [read post]
7 Nov 2008, 7:58 pm
Circuits, while the Second Circuit allows such appeals. [read post]
19 Aug 2008, 3:38 pm
Ct. 586 (2007), in which it addressed how courts of appeals must review the sentencing decisions of district courts post-Booker. [read post]
2 May 2012, 3:05 pm by Benjamin Wittes
The 9th Circuit Court of Appeals has reversed a district court decision allowing Jose Padilla to sue John Yoo. [read post]
14 Nov 2013, 8:10 am
  Hence, the Second Circuit decided to remand the cause to the District Court for consideration of the fair use issues. [read post]
29 Sep 2008, 7:32 pm
Kerley , No. 071818 Conviction for failure to pay a child support obligation is vacated and remanded where: 1) the district court did not err in its rulings as to the good faith defense; 2) the rule of lenity required the court to vacate the conviction on the second count of the offense; and 3) although the district court correctly applied the loss amount and obstruction of justice enhancements under the Sentencing Guidelines, the court… [read post]
6 Jul 2022, 6:51 am by Second Circuit Civil Rights Blog
The federal rules allow the district court to certify a case for early, or interlocutory, appeal if the case raises a unique issue that needs to be resolved in the Court of Appeals right away. [read post]
15 Aug 2016, 6:27 am by Second Circuit Civil Rights Blog
Rather than untangle these issues, the Court of Appeals sends them back to the district court for further review. [read post]
30 Jun 2014, 4:37 am by Joy Waltemath
The appeals court was unswayed by the district court’s attempts to distinguish this case from Upjohn. [read post]
15 Nov 2012, 2:54 pm by Victoria VanBuren
 by Jeremy Clare The United States Court of Appeals for the Fifth Circuit reversed the vacatur of a FINRA Award because it disagreed with the district court’s finding that the award was procured by fraud, or in the alternative, that the arbitration panel exceeded its powers. [read post]
19 Mar 2015, 8:42 pm by Erin E. Dardis
  The Court reviewed the case based on certified conflict with decisions of the First, Second, Third, and Fourth District Courts of Appeal. [read post]
25 Jul 2017, 6:28 am by Joy Waltemath
The district court dismissed the motion to intervene, finding that the notice of appeal had stripped the district court of jurisdiction to rule on intervention. [read post]
10 Aug 2012, 5:55 am by Gideon Alper
The case was originally decided by the 5th District Court of Appeal in Florida.Oral arguments are typically held at 9AM, so check twitter streams and the court’s website for the latest updates.What was T.M.H. v. [read post]