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30 Jul 2024, 7:14 am
Acting per curiam and sua sponte, Judges Dyk, Taranto, and Chen issued an order recalling and vacating their prior judgment that had invalidated Section 2(c) of the Lanham Act. [read post]
30 Jul 2024, 4:05 am
., July 29, 2024), the U.S. 7th Circuit Court of Appeals in an opinion by Judge Scudder held that a request for a religious accommodation under Title VII may include secular elements. [read post]
29 Jul 2024, 9:06 pm
The “deepened” circuit split the majority identified did not exist, because the only case the plaintiffs claimed was on their side—Judge Jeffrey Sutton’s Sixth Circuit decision in Herr v. [read post]
29 Jul 2024, 9:05 pm
In Jarkesy, the SEC had brought its fraud enforcement action before an SEC administrative law judge (ALJ). [read post]
29 Jul 2024, 7:51 pm
If there were three votes to DIG and three votes to affirm the Ninth Circuit, the end would be the same. [read post]
29 Jul 2024, 3:00 pm
For example, last month, we posted about a decision in which a three-judge panel with the Ninth Circuit determined that an “up to” claim reflected the “upper limit” of what consumers could expect and rejected the plaintiff’s assertions that consumers should “always” expect that. [read post]
29 Jul 2024, 2:27 pm
Circuit. [read post]
29 Jul 2024, 1:10 pm
Consider Judge Jeffrey Sutton's opinion for the 6th Circuit upholding the Affordable Care Act. [read post]
29 Jul 2024, 11:41 am
Court of Appeals for the 9th Circuit, which has jurisdiction over nine western states and two Pacific island jurisdictions, Justice Elena Kagan – who fields cases from the 9th Circuit – voiced support for an enforcement mechanism for the court’s ethics code. [read post]
29 Jul 2024, 11:11 am
Criminal law — Illegal possession of a firearm — Motion to suppress The appellant, Jonathan English, was convicted in the Circuit Court for Baltimore County by Judge Jan Alexander of the illegal possession of a regulated firearm by a person with a disqualifying conviction. [read post]
29 Jul 2024, 9:44 am
by Dennis Crouch Google recently petitioned for en banc review a Federal Circuit split decision in EcoFactor v. [read post]
29 Jul 2024, 5:58 am
Unless it's the Federal Circuit, where the other judges have invented an end run around the Constitution to kick one of their colleagues off the bench by suspending her over and over. [read post]
29 Jul 2024, 5:31 am
A colleague suggested that Justice Barrett showed her fortitude during her Seventh Circuit confirmation hearing. [read post]
29 Jul 2024, 4:30 am
The district court initially accepted the plan, then rejected it, but then was reversed by the Second Circuit, which was in turn reversed by the U.S. [read post]
28 Jul 2024, 10:28 pm
Last week the Federal Circuit clarified the scope of this rarely applied PTAB rule in SoftView v. [read post]
28 Jul 2024, 9:05 pm
In fact, given that appeals from a class-certification decision are discretionary and that judges in circuits like the Second Circuit are reluctant to grant them, a finding for the representative plaintiff leads to a relatively low-cost removal of the case from the court’s docket since class-certification in a FOTM almost always leads to settlement given the costs (including risk) associated with proceeding further into the litigation. [read post]
28 Jul 2024, 4:45 pm
Circuit. [read post]
28 Jul 2024, 7:59 am
Circuit, and Chief Justice Roberts on the Supreme Court. [read post]
28 Jul 2024, 7:36 am
Under APEX, accused sellers have weeks to make their case to an Amazon “judge” while their listings remain active. [read post]
28 Jul 2024, 6:30 am
Louis circuit court. [read post]
