Search for: "United States Court of Appeals Third Circuit" Results 6061 - 6080 of 7,494
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16 Sep 2010, 1:22 pm by Bexis
  Rather:A federal court may act as a judicial pioneer when interpreting the United States Constitution and federal law. . . . [read post]
16 Sep 2010, 2:58 am by Jack Pringle
Third in a series of posts discussing the United States Supreme Court's decisions addressing arbitration, in the context of existing South Carolina case law and particularly the South Carolina Supreme Court's Herron decision. [read post]
15 Sep 2010, 12:14 pm by Anna Christensen
HesseDocket: 10-157Issue(s): (1) Whether a federal court may review a state court judgment approving a class settlement where the state court did not explicitly address each specific claim that a class member might release as part of the settlement; and (2) whether a federal court may nullify state court rules, requiring class members to opt out of a proposed state class settlement, by permitting the class members to… [read post]
15 Sep 2010, 7:00 am
The Third Circuit Court of Appeals recently vacated a defendant’s conviction on the grounds that the prosecutor’s introduction of testimony, that he had promised not to rely on at trial, had deprived the defendant of a fair trial. [read post]
13 Sep 2010, 12:21 pm
Ct. 1640 (2010) (Apr. 21, 2010), the United States Supreme Court held that a plan adminstrator’s discretionary authority to interpret a plan is entitled to deference, even if a prior determination with regard to the same claim was invalid.Estate planning with retirement assetsArnstein & LehrFor many individuals, retirement benefits represent a significant portion of their wealth.Second Circuit finds that class arbitration waiver clause is unconscionable,… [read post]
13 Sep 2010, 11:52 am by Danielle Citron
  Ultimately, the District Court affirmed the MJ’s denial, which set the stage for the government to appeal to the Third Circuit. [read post]
13 Sep 2010, 11:00 am by Jeremy Tyler
The Eleventh Circuit noted that several federal district courts in Florida have recognized the distinction, and cited the Florida Third District Court of Appeal decision in O’Shields v. [read post]
13 Sep 2010, 8:43 am by Steven M. Taber
Court of Appeals for the 2nd Circuit disagreed, arguing that the political branches hadn’t developed a policy on carbon emissions; so the states could appeal to common law, which allows for nuisance claims. [read post]
12 Sep 2010, 5:10 am by Fiona de Londras
Third Counties’ There is no question but that the involvement of both the sending and receiving state in extraordinary rendition violates international law, especially the torture prohibition. [read post]
10 Sep 2010, 8:07 am by Bexis
North America, Inc., 971 A.2d 1228 (Pa. 2009), but dismissed the appeal as improvidently granted after it turned out that the defendant was an intermediate seller, not a true manufacturer (that makes a difference in the Third Restatement, but it’s not important here).Finally, the Third Circuit got fed up with the issue remaining undecided, and after trying unsuccessfully to get the Pennsylvania Supreme Court to accept a certified question, took the… [read post]
9 Sep 2010, 6:21 am by Rob McKinney
The United States Court of Appeals for the Third Circuit ruled on whether cellphone  tracking required the level of proof needed for wiretaps. [read post]
9 Sep 2010, 1:57 am
"   Third Circuit decides case at the intersection of the FCRA and PATRIOT Act Foley & Lardner LLP"In Cortez v Trans Union LLC, the United States Court of Appeals for the Third Circuit decided a case at the intersection of the Fair Credit Reporting Act (FCRA) and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, better… [read post]
8 Sep 2010, 9:21 pm by Jeralyn
Today the 9th Circuit Court of Appeals, en banc, changed course and dismissed the lawsuit, based on the state secrets claim. [read post]
8 Sep 2010, 12:05 pm by John Shafer
As reported earlier, University of San Francisco School of Law Professor Susan Freiwald authored an amicus brief and took part in the oral arguments before the United States Court of Appeals for the Third Circuit. [read post]
8 Sep 2010, 10:44 am by David Oscar Markus
The NY Times has gotten interested in the story:Last month, for the third time and in the face of a 2006 rebuke from the United States Supreme Court, the federal appeals court in Atlanta said there were no racial overtones when a white supervisor called an adult black man “boy. [read post]
8 Sep 2010, 7:13 am by Kevin
In deciding that a judge may - but is not required - to ask law enforcement to show probable cause for a warrant before asking a telecommunications company to turn over historical location data on its customers, the Third Circuit Court of Appeals has in effect punted on a very important geolocation privacy case. [read post]
8 Sep 2010, 6:50 am by Mark S. Humphreys
The United States Court of Appeals for the Fifth Circuit ruled in a case on August 27, 2010, that dealt with a exemplary damages and insurance policies. [read post]