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14 Nov 2012, 6:42 am
Yesterday, the United States Court of Appeals for the Eleventh Circuit issued an opinion in Liese v. [read post]
10 Feb 2025, 9:25 am
On January 7, the United States Court of Appeals for the Fourth Circuit reversed and remanded a district court’s dismissal of a plaintiff’s Title VII religious bias suit—holding the case was sufficient to survive a motion to dismiss at the pleading stage. [read post]
3 Aug 2015, 10:30 am
On July 29, 2015, BakerHostetler filed an amicus brief with the Second Circuit on behalf of the Center for Democracy and Technology, joined by five prominent nonprofit public interest groups, for the en banc rehearing of United States v. [read post]
22 Feb 2010, 1:40 pm
Jan. 28, 2010), the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of a class action lawsuit against Apple, Inc. [read post]
24 May 2012, 12:02 pm
Thus, the Second Circuit Court of Appeals has held that they are not covered by the Outside Sales exemption. [read post]
30 Mar 2015, 8:38 am
Supreme Court has yet again summarily and unanimously reversed a decision of a federal court of appeals for failure to observe the limitation that Congress placed on its authority to second-guess decisions of state courts.If two courts disagree on a question of law, which court's opinion should prevail? [read post]
26 May 2009, 6:33 am
Obama Chooses Sotomayor for Supreme Court Nominee [The Caucus / New York Times] The Dynamic of the Nomination of Sonia Sotomayor [SCOTUSblog] Sonia Sotomayor [Wikipedia] On a Supreme Court Prospect's Résumé: 'Baseball Savior' [New York Times] Related: United States Supreme Court - Supreme Court - United States - Senate - Government [read post]
11 Feb 2011, 1:18 pm
In a rare case the Fifth Circuit Court of Appeals reversed a conviction where the trial judge wrongly denied a motion to suppress evidence. [read post]
4th Circuit En Banc Upholds Preliminary Injunction Against Trump's Second Travel Ban Executive Order
25 May 2017, 1:11 pm
Today the U.S. 4th Circuit Court of Appeals sitting en banc upheld (with a minor exception) the nationwide preliminary injunction entered by a Maryland federal district court barring enforcement of a major provision of President Trump's second travel ban Executive Order. [read post]
18 Apr 2016, 4:00 am
On April 13, 2016, the United States Court of Appeals for the Second Circuit "certified" the question of whether New York common law provides a right of public performance to owners of pre-1972 sound recordings to the New York Court of Appeals, which is New York State's highest appellate court. [read post]
18 Apr 2016, 4:00 am
On April 13, 2016, the United States Court of Appeals for the Second Circuit "certified" the question of whether New York common law provides a right of public performance to owners of pre-1972 sound recordings to the New York Court of Appeals, which is New York State's highest appellate court. [read post]
15 Aug 2024, 10:55 am
Ltd., 54 F.4th 82, 88 (2d Cir. 2022), in which the United States Court of Appeals for the Second Circuit held specifically that “purchasers of a security of an acquiring company do not have standing under Section 10(b) to sue the target company for alleged misstatements the target company made about itself prior to the merger between the two companies,” thus avoiding a Circuit split. [read post]
13 Jun 2011, 4:52 am
The Court’s unanimous ruling, which reversed the United States Court of Appeals for the Fifth Circuit, focused narrowly on the need to prove loss causation at the class certification stage and expressly declined to address other issues regarding class certification in securities fraud class actions. [read post]
17 Dec 2018, 4:54 pm
Illinois’ BIPA is the strongest biometric privacy law in the United States. [read post]
28 Aug 2017, 1:32 pm
Martoma, the United States Court of Appeals for the Second Circuit overruled its own 2014 decision in United States v. [read post]
20 Dec 2021, 1:23 pm
In a decision released late in the day on Friday, the United States Court of Appeals for the Sixth Circuit lifted a stay against the Occupational Safety and Health Administration’s (“OSHA”) rule requiring employers with 100+ employees either to require their employees to be vaccinated against COVID-19 or to submit to weekly COVID-19 testing and to wear facemasks in the workplace. [read post]
14 May 2012, 3:00 am
In a related analysis, the Second Circuit addressed Section 109 of the Copyright Act and held that the first sale doctrine, which allows a person who buys a legally produced copyrighted work to sell or otherwise dispose of the work as he sees fit, does not apply to works manufactured outside of the United States. [read post]
15 Apr 2013, 7:03 am
This challenge arises in a criminal prosecution where the guy used a gun in the course of drug trafficking.The case is United States v. [read post]
6 Jun 2014, 1:08 pm
Court of Appeals for the Federal Circuit has denied the appeal of a lower court decision allowing the VA to procure goods and services using the Federal Supply Schedule without first considering whether SDVOSBs can satisfy the requirement. [read post]
8 Nov 2022, 5:26 am
According to a recent decision from the United States Fifth Circuit Court of Appeals in In re: Ultra Petroleum Corp., solvent debtors are fully bound by all financial obligations and nothing less. [read post]