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Specifically, the Sixth Circuit looked to two exceptions carved out in the statute: (1) prior express consent and (2) calls made pursuant to the collection of a debt owed to or guaranteed to the United States. [read post]
26 May 2020, 4:00 am by Public Employment Law Press
"The United States Circuit Court of Appeals, Second Circuit, assuming, without deciding, that NIFA’s imposition of the wage freeze was legislative in nature, concluded that the wage freeze was a reasonable and necessary means to achieve NIFA’s asserted end of "ensuring the continued fiscal health of the County. [read post]
26 May 2020, 12:00 am by Public Employment Law Press
"The United States Circuit Court of Appeals, Second Circuit, assuming, without deciding, that NIFA’s imposition of the wage freeze was legislative in nature, concluded that the wage freeze was a reasonable and necessary means to achieve NIFA’s asserted end of "ensuring the continued fiscal health of the County. [read post]
21 Mar 2017, 3:59 pm by Blake Osborn
Last week, the United States Securities and Exchange Commission filed a petition for rehearing en banc with the Tenth Circuit Court of Appeals, imploring the court to reconsider a divided panel’s ruling on the unconstitutionality of its administrative law judges in Bandimere v. [read post]
15 Oct 2020, 9:40 pm by Kirk Hartung
., the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed-in-part and dismissed-in-part an appeal from the Patent Trial and Appeal Board (“PTAB”) holding that when it comes to claim construction, intrinsic evidence trumps extrinsic evidence. [read post]
21 Aug 2014, 10:30 am by Bruce Colbath
On Tuesday, July 29, the United States Court of Appeals for the Second Circuit “clarified certain aspects of [its] false advertising jurisprudence” and held that, where literal falsity and deliberate deception have been proved in a market with only two players, it is appropriate to use legal presumptions of consumer confusion and injury for the purposes of finding liability in a false advertising case brought under the Lanham… [read post]
21 Aug 2014, 10:38 am by Bruce Colbath
On Tuesday, July 29, the United States Court of Appeals for the Second Circuit “clarified certain aspects of [its] false advertising jurisprudence” and held that, where literal falsity and deliberate deception have been proved in a market with only two players, it is appropriate to use legal presumptions of consumer confusion and injury for the purposes of finding liability in a false advertising case brought under the Lanham… [read post]
3 Nov 2020, 2:31 am by SHG
Most people, understandably, see the Supreme Court of the United States as the court of last resort. [read post]
” Here, the district court concluded that [Trump] did not show that the United States acted in callous disregard of his constitutional rights. . . . [read post]
27 Nov 2017, 7:23 am by Beth Graham
A United States Court of Appeals for the Fifth Circuit panel has issued an interesting ruling in a case involving arbitration. [read post]
12 Oct 2010, 10:13 am by admin
The Court analyzed Section 101 of the United States Copyright in making its decision. [read post]
22 Feb 2010, 9:34 am by Lawyer Sanders
Supreme Court of Appeals opinions can be appealed only to the Supreme Court of the United States which may or may not agree to consider an appeal. [read post]
15 Sep 2016, 11:51 am by Beth Graham
On September 2nd, Epic Systems Corporation filed a petition for certiorari with the United States Supreme Court following a Seventh Circuit Court of Appeals ruling which stated a mandatory class action waiver included in an employer’s arbitration agreement violated the National Labor Relations Act (“NLRA”). [read post]