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18 Jan 2011, 5:01 am
Court of Appeals for the Ninth Circuit. [read post]
28 Mar 2019, 7:34 am
Prosecutors will also be able to challenge the panel’s decisions on an appeal to the Appellate Division of the NY’s Supreme Court. [read post]
4 Feb 2011, 9:08 am
§ 2244(b)(3), which requires approval from a circuit court before a district court can consider a second or successive petition. [read post]
10 Oct 2007, 4:00 am
Circuit Court of Appeals for the Second Circuit ruled that copyright infringement claims may proceed against Mary J. [read post]
12 Aug 2020, 8:00 am
The Supreme Court thus reversed the decision of the Court of Appeals and remanded the case to the district court for further proceedings consistent with the opinion. [read post]
3 Nov 2011, 5:35 pm
You can read the brief here.The main argument is that the district court got the transformativeness analysis wrong in two ways. [read post]
3 May 2022, 8:57 am
” The Fifth Circuit observed that no other court of appeals had squarely addressed whether a district court can take judicial notice of a copy of a web page from a web archive. [read post]
30 Apr 2015, 4:00 am
The appointing authority then terminated Probationer’s employment before the expiration of this second extended term of probation.Accordingly, said the court, Petitioner never taught beyond the expiration of the probationary terms of her employment with the school district, citing Juul v Board of Educ. of Hempstead School Dist. [read post]
29 May 2023, 2:39 pm
Two were whistleblower appeals from the Tax Court. [read post]
30 Jul 2015, 2:00 am
District Courts The U.S. [read post]
20 Mar 2012, 8:29 am
Around the time of the second appeal to the Ninth Circuit Court of Appeals, Cigna Corp. v. [read post]
28 Sep 2010, 10:19 am
Sept. 14, 2010), the United States Court of Appeals for the Second Circuit vacated the dismissal of plaintiffs’ securities fraud claims and remanded the case to the district court, holding that the district court applied the “bespeaks caution” doctrine erroneously to statements that contained both present and future elements. [read post]
20 Nov 2017, 6:04 am
I always take notice when a pro se inmate prevails on appeal in the Second Circuit. [read post]
26 Mar 2018, 6:09 pm
The court of appeals answered the first question "yes," and the second, "no. [read post]
9 Jul 2012, 7:41 pm
District Court for the District of Columbia granted FDA’s Motion for Summary Judgment and denied AstraZeneca’s Cross-Motion for Summary Judgment. [read post]
17 Feb 2015, 6:46 am
Every now and then the Court of Appeals has to remind the district judges of this.The case is Velazco v. [read post]
2 Oct 2012, 8:06 am
On appeal, Lozano raised three principal objections to the district court's decision. [read post]
10 Apr 2024, 6:53 am
The beneficiaries appealed the district court’s decision. [read post]
1 Feb 2020, 7:47 am
In addition, it rejected certain additional arguments Richardson tried to raise in his third appeal, arguing that its previous remand to the district court was limited to considering the impact of Johnson on his sentence and that he had forfeited those arguments by not raising them in his initial appeal.In the second part of its opinion, the Court rejected Richardson's argument that the district should resentence him in light of the… [read post]
30 May 2014, 8:02 am
Felsing, 128 F.3d 810, 824 (3d Cir. 1997), arrests that occur just outside the home must be analyzed under the second prong of the Buie analysis which requires an “articulable basis” for protective sweeps.Since White was arrested twenty feet from his residence, the second prong of Buie is appropriate and the district court must consider on remand if there was an “articulable basis” for the protective sweep under the circumstances at that… [read post]
