Search for: "United States Court of Appeals Second Circuit"
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1 May 2015, 4:48 am
The Sixth Circuit case upholding the state law bans was unusual to the extent that it was the first federal circuit court of appeals to rule this way; all the other federal circuits that considered the issue struck down the state law bans against same-sex marriage as unconstitutional.This is exactly the type of case that is accepted by the United States Supreme Court. [read post]
17 Nov 2010, 12:13 pm
Oct. 27, 2010), the United States Court of Appeals for the Fifth Circuit held that a law firm which allegedly assisted in developing a fraudulent tax shelter scheme could not be held liable under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. [read post]
1 May 2023, 6:00 am
§2601, initiated the instant litigation in federal district court challenging his dismissal by the Authority.The federal district court, however, concluded that the Authority provided legitimate reasons for terminating the Complainant from his position:[1] poor performance; [2] failure to adequately communicate his absences; and[3] misuse of an Authority credit card.Further, said the district court, Complainant failed to show the reasons advanced by the Authority… [read post]
1 May 2023, 6:00 am
§2601, initiated the instant litigation in federal district court challenging his dismissal by the Authority.The federal district court, however, concluded that the Authority provided legitimate reasons for terminating the Complainant from his position:[1] poor performance; [2] failure to adequately communicate his absences; and[3] misuse of an Authority credit card.Further, said the district court, Complainant failed to show the reasons advanced by the Authority… [read post]
18 Mar 2022, 11:51 am
Today's featured FINRA Arbitration became a New Jersey Superior Court case, which became a FINRA Office of Hearing Officers Decision, which became an SEC appeal, which became another FINRA Office of Hearing Officers Decision, which became another SEC appeal, which became a United States Court of Appeals for the Third Circuit, which, yet again, wound up before the SEC in the form of a petition for reconsideration. [read post]
22 Dec 2009, 5:30 am
This was the first time the Second Circuit applied the considerations for the implied preclusion of antitrust laws by the securities laws outlined by the United States Supreme Court in Credit Suisse Securities (USA) LLC v. [read post]
11 Jun 2012, 11:11 am
Court of Appeals for the District of Columbia Circuit, the White House announced Monday. [read post]
23 Sep 2010, 6:10 am
Court of Appeals, Second CircuitCriminal Practice Circuit Vacates Order for New Trial, Remands for Sentencing United States v. [read post]
30 Mar 2007, 9:48 am
After Teva Pharmaceuticals appealed the dismissal of its declaratory judgment action in District Court, the United States Court of Appeals for the Federal Circuit has taken a fresh new look at things in light of the Supreme Court's decision in MedImmune, Inc. v. [read post]
5 Jan 2010, 8:36 am
The United States Court of Appeals for the Ninth Circuit, based in San Francisco, said the electrically disabling device constituted excessive force when used against an unarmed man who did not pose a threat, and it refused to allow a police officer immunity for its use. [read post]
22 Mar 2024, 7:00 am
Anheuser-Busch InBev SA’s Grupo Modelo Appeal On March 12th, a panel of the Second Circuit Court of Appeals heard oral arguments on Anheuser-Busch Anheuser-Busch InBev SA’s Grupo Modelo’s (Modelo) appeal. [read post]
17 May 2018, 6:43 am
The Court of Appeals says the state of the case law at the time of the retaliation was too murky to put defendants on notice that they were violating the First Amendment. [read post]
17 Nov 2009, 9:25 am
The Second Circuit Court of Appeals today affirmed the convictions of defense lawyer Lynne Stewart, whose phone calls with her client Sheikh Omar Ahmad Ali Abdel Rahman were taped at the MCC, and her codefendants on all charges, including providing material support to terrorists. [read post]
15 Mar 2013, 12:40 pm
Appeals courts tend to dislike rules that appear somewhat inflexible. [read post]
8 Jan 2025, 3:00 pm
Court of Appeals for the D.C. [read post]
28 Feb 2019, 4:08 am
United States, 556 U. [read post]
19 Feb 2010, 6:12 pm
While not cited in the opinion, Florida's Second District Court of Appeal previously reached the same result in Embry v. [read post]
11 Jul 2024, 6:26 am
The Second Circuit says plaintiff may have a case. [read post]
11 Nov 2014, 3:52 am
In the following guest post, Francis Kean of Willis examines a recent decision by the United States Court of Appeals for the Second Circuit in which the appellate court upheld the exercise of U.S. court jurisdiction under the U.S. [read post]
17 Jul 2008, 6:56 pm
June 26, 2008), the United States Court of Appeals for the Second Circuit held that in order to state a claim for securities fraud against a corporate defendant, plaintiffs may not rely upon the theory of “collective scienter,” but instead must plead a strong inference of scienter by the individual “who was responsible for the [allegedly false or misleading] statements made” by or on behalf of the… [read post]
