Search for: "United States Court of Appeals, Tenth Circuit"
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2 Apr 2009, 3:36 pm
Blue Nile had filed a Motion to Dismiss HOF's complaint in part based on the argument that its purchase of the keyword "Hearts On Fire" was not trademark use.After reviewing the conflicting circuit court decisions on the matter (the First Circuit Court of Appeals has yet to address this issue), United States District Judge Nancy Gertner, in denying Blue Nile's Motion to Dismiss, decided to follow the Ninth and… [read post]
16 Apr 2017, 5:56 pm
In addition, because she concluded that her ruling is one of first impression, she certified the order for interlocutory appeal to the Tenth Circuit. [read post]
28 May 2012, 10:09 am
The case is United States v. [read post]
15 Jan 2020, 2:45 pm
Appeals are pending before the First, Second, Fourth and Tenth Circuit Courts of Appeal. [read post]
9 Feb 2017, 10:36 am
In a footnote at this point, the court disapproved court of appeal decisions that the mens rea requirement must be expressly stated in the probation condition.In the Tenth Circuit case of United States v. [read post]
9 Oct 2014, 11:41 am
Courts of Appeals for the Fourth and Tenth Circuits have held state bans on gay marriage to be unconstitutional, and the issue is widely expected to be heard soon by the Supreme Court. [read post]
31 Jul 2010, 8:34 am
United States v. [read post]
27 May 2014, 7:45 pm
§ 875(c) requires proof of the defendant's subjective intent to threaten, as required by the Ninth Circuit and the supreme courts of Massachusetts, Rhode Island, and Vermont; or whether it is enough to show that a “reasonable person” would regard the statement as threatening, as held by other federal courts of appeals and state courts of last resort. [read post]
1 Oct 2021, 1:00 pm
Second Circuit: Dammit, Jim, we're an appeals court, not a time machine! [read post]
19 May 2014, 7:45 pm
§ 875(c) requires proof of the defendant's subjective intent to threaten, as required by the Ninth Circuit and the supreme courts of Massachusetts, Rhode Island, and Vermont; or whether it is enough to show that a “reasonable person” would regard the statement as threatening, as held by other federal courts of appeals and state courts of last resort. [read post]
11 Mar 2013, 7:40 am
United States v. [read post]
13 Feb 2017, 4:23 am
Court of Appeals for the 9th Circuit upholding the district court’s ban on enforcement of the executive order blocking entry into the United States of people from seven majority-Muslim countries, noting that Kennedy’s legal reasoning in that case “suggests the U.S. [read post]
2 Jul 2018, 1:42 pm
The district court ruled against the plaintiffs, and the case is now before the Tenth Circuit. [read post]
17 Aug 2014, 9:01 pm
More recently, the Tenth Circuit, in Kerr v. [read post]
13 Dec 2016, 5:57 am
The matter was reargued in front of the Tenth Circuit (keep reading, I promise the big finish is coming). [read post]
11 May 2023, 1:16 pm
Court of Appeals for the 11th Circuit has gone with federal law at the time of the prior state drug offense. [read post]
28 Jul 2017, 1:17 pm
The USFWS’ critical habitat designation was upheld by Judge Feldman in the Eastern District of Louisiana in 2014, affirmed by a 2-1 decision in the Fifth Circuit Court of Appeals in 2016, and denied an en banc rehearing by an 8-6 vote of the Fifth Circuit in February 2017. [read post]
5 Sep 2024, 9:05 pm
Court of Appeals for the Tenth Circuit ruled that the decision to cut off Oklahoma’s funds does not violate federal law. [read post]
8 Nov 2017, 1:50 pm
150,000 Users Visited Child Porn Site In an October 27, 2017 decision, United States v. [read post]
4 Feb 2015, 2:21 pm
However, the use of this machine was kept under the radar until this past December when the Tenth Circuit in United States v. [read post]