Search for: "United States Court of Appeals,second Circuit"
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21 Mar 2011, 7:22 am
The 9th Circuit Court of Appeals has put the final nail in the deportation coffin for a father of five United States citizen children. [read post]
17 Jan 2023, 6:08 am
Court of Appeals for the Second Circuit. [read post]
13 Jun 2014, 1:52 pm
The United States Fifth Circuit Court of Appeals has held that an arbitrator did not exceed his powers when he dismissed an insured’s untimely demand for arbitration. [read post]
27 Aug 2014, 7:17 am
United States, Eighth Circuit: After pleadin [read post]
8 Feb 2012, 4:09 pm
In a per curiam opinion issued on November 7, the United States Supreme Court unanimously reversed a decision by the United States Court of Appeals for the Sixth Circuit that freed Archie Dixon, an Ohio man who had been sentenced to death for the murder of his roommate, Chris Hammer. [read post]
28 Mar 2015, 8:24 am
The district court granted summary judgment in favor of UPS and the United States Court of Appeals, Fourth Circuit affirmed. [read post]
25 Apr 2016, 11:44 am
On appeal to the United States Court of Appeals for the Second Circuit, a three-judge panel reversed the district court’s order. [read post]
1 Apr 2021, 1:15 pm
Court of Appeals for the Second Circuit reversed The United States District Court for the Southern District of New York’s decision that Andy Warhol’s Prince Series constituted fair use of Lynn Goldsmith’s photograph, holding that “the district court erred in its assessment and application of the fair-use factors and the works in question do not qualify as fair use. [read post]
27 Aug 2019, 6:18 am
In an August 5 holding that could open the door to a new breed of litigation claims involving mutual funds, the United States Court of Appeals for the Second Circuit ruled that the Investment Company Act of 1940 (“ICA”) creates an implied private right of action that several other courts had previously declined to recognize. [read post]
19 Sep 2023, 8:09 am
This post summarizes published criminal and related decisions released by the Fourth Circuit Court of Appeals during August 2023. [read post]
15 Aug 2017, 1:58 pm
Prior decisions had limited “domestic” transactions to ones where (1) the purchaser “incurred irrevocable liability within the United States to take and pay for a security . . . or to deliver a security” or (2) “legal title to the security . . . transferred in the United States” (see, e.g., Absolute Activist Value Master Fund Ltd. v. [read post]
15 Aug 2017, 1:58 pm
Prior decisions had limited “domestic” transactions to ones where (1) the purchaser “incurred irrevocable liability within the United States to take and pay for a security . . . or to deliver a security” or (2) “legal title to the security . . . transferred in the United States” (see, e.g., Absolute Activist Value Master Fund Ltd. v. [read post]
22 Jun 2022, 1:59 pm
Department of Justice, Elizabeth Prelogar, filed a response in the matter, urging the Supreme Court to decline the relator’s petition for certiorari and arguing that “the FCA is best read to preserve the Executive Branch’s virtually unfettered discretion to dismiss an action brought in the name of the United States to remedy a wrong done to the United States. [read post]
14 Nov 2011, 9:02 am
(United States Court of Appeals, Second Circuit, November 4, 2011) The issue in this coverage dispute was whether the policy’s pollution exclusion applied to cover alleged losses stemming from a restaurant’s exhaust fan that allegedly caused property damage and prohibited the use of an adjoining resident’s condominium. [read post]
16 Apr 2013, 6:28 pm
The Second Circuit Court of Appeals agreed with the district court. [read post]
15 Jun 2021, 1:12 pm
The court distinguished United States v. [read post]
21 Mar 2019, 7:36 am
The United States Court of Appeals for the Fifth Circuit has once again overturned a district court’s order compelling arbitration in a Texas wind energy case. [read post]
22 Jun 2018, 11:05 am
On appeal to the Sixth Circuit, Carpenter challenged the district court’s denial of his motion to suppress the CSLI. [read post]
28 Nov 2012, 9:01 pm
On November 19, the United States Court of Appeals for the Second Circuit considered a case that is at the heart of the cultural struggle over entitlements for religious organizations: Bronx Household of Faith v. [read post]
7 Oct 2019, 5:29 am
Lansuppe Feeder, LLC, the United States Court of Appeals for the Second Circuit held that parties that enter into contracts that violate the Investment Company Act of 1940 (the “Act”) have a private right of action under § 47(b) of the Act to sue for rescission of those contracts. [read post]
