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9 Nov 2012, 6:03 am
As we reported previously, that case arose from an appeal of the Second Circuit’s decision affirming the Southern District of New York’s holding that a covenant not to sue entered in a trademark dispute ended the case and controversy between the parties. [read post]
23 Jun 2021, 9:13 am
When the lower courts agreed, the school district went to the Supreme Court, which in January agreed to weigh in. [read post]
12 Aug 2012, 2:13 am
The district judge in Hawaii is staking out the argument that will likely appeal to the right wing on the Supreme Court who have already indicated a willingness to overturn established Supreme Court precedents when it suits their objectives, from Gore v. [read post]
13 Sep 2013, 2:17 am
Based on those reasons, the Third Circuit Court of Appeals affirmed the judgment of the District Court. [read post]
11 Oct 2015, 6:45 am
As noted in the earlier post, the District Court confirmed the initial award, concluding that it was a final award and that the arbitrator was without authority to issue the second award.In affirming that decision the Eleventh Circuit concludes: The primary question in this labor arbitration appeal is an unusual one: did the arbitrator exceed his power by issuing a substituted award after he determined that he had exceeded his power in the original… [read post]
15 Jul 2013, 6:26 am
The Court of Appeals affirms, and the plaintiffs win.The case is Irizarry v. [read post]
1 Feb 2021, 9:38 am
Applying Lusardi, the District Court conditionally certified a collective action, but in so doing, also authorized defendant to pursue an interlocutory appeal, which paved the way for the Fifth Circuit to examine the issue before the District Court’s decision became a final judgment. [read post]
11 Dec 2014, 8:57 am
Instead, this led to a tangent on whether the district judge had entered a judgment on the dismissal of Gelboim’s claims, with Waxman sparring with Justice Antonin Scalia and Ginsburg over what the district court did and what the Second Circuit meant in saying “a final order has not been issued by the district court as contemplated by 28 U.S.C. [read post]
16 Sep 2013, 4:00 am
The school district moved to dismiss Teacher’s petition but Supreme Court denied its motion and annulled the school district’s determination to terminate Teacher. [read post]
6 Jul 2021, 6:18 am
The district court again certified the class, and a divided panel of the Second Circuit affirmed that Goldman had failed to carry the burden of proving a lack of price impact.Oral argument was heard on March 29, 2021. [read post]
3 Nov 2006, 8:21 am
The Second Circuit rejected that argument, finding that there was "no indication in this record that the District Court failed to consider the relevant factors; indeed the record shows that the District Court expressly took into account both the need to avoid unwarranted disparities and Nash's personal attributes. [read post]
27 Apr 2005, 1:58 am
On appeal, the Federal Circuit concluded that the District Court was wrong to invalidate some of the claims, but that its non-infringement holding was entirely proper given that the accused products lacked an essential element required by the claims. [read post]
2 Mar 2010, 7:58 pm
Court of Appeals for the D.C. [read post]
20 Jul 2015, 9:34 am
Court of Appeals for the Second Circuit. [read post]
27 Jul 2023, 10:13 am
O. out of the Fourth District, Div. [read post]
20 Mar 2017, 8:27 am
Facts of the Case In a recent case heard by the United States District Court for the Eastern District of Texas, Sherman Division, the plaintiff was a man who was allegedly injured in a tractor-trailer accident. [read post]
8 Nov 2017, 11:34 am
While no federal appellate court besides the Second Circuit has squarely addressed the issue, multiple district courts outside the Second Circuit have declined to follow the Second Circuit’s reasoning in similar fact patterns involving other technology giants. [read post]
24 Nov 2015, 12:38 pm
Sergeants was brought back in January 2008, was on its third complaint within five months, and stuck around the district court for six more years until summary judgment—only to then head up on appeal. [read post]
5 Aug 2024, 6:57 am
Department of Justice to defend clients in tax audits, tax appeals, and litigation in Federal District Court, U.S. [read post]
19 Feb 2019, 7:55 am
The district court rejected the habeas petition, but the Court of Appeals holds that trial errors in state court denied Orlando's clearly-established constitutional right under the Sixth Amendment's confrontation clause.The jury said Orlando was guilty over his role in the murder of a man, Calabrese, when Orlando and another witness Jeannot, went pay Orlando his huge gambling winnings. [read post]
