Search for: "United States Court of Appeals Third Circuit" Results 1721 - 1740 of 7,492
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10 Apr 2015, 9:16 pm
The district court initially held that Exela was enti- tled to challenge the PTO’s decision under the APA, but on reconsideration and in view of new Fourth Circuit precedent, the district court dismissed Exela’s complaint for failing to meet the statute of limitations for claims filed against the United States, including APA claims.Exela Pharama Sciences, LLC, at *2-3. [read post]
18 Jan 2020, 7:18 am by Cassandra Maas
The United States Court of Appeals for the Tenth Circuit held that the state of Colorado had interfered with a Colorado elector’s exercise of their right by removing them and nullifying their vote after they failed to vote for the winner of the popular vote. [read post]
15 Jul 2013, 1:15 pm by Wells Bennett
  He appealed and the United States cross-appealed; the case was then briefed and argued. [read post]
29 May 2012, 8:17 am by Richard S. Zackin
The United States Court of Appeals for the Seventh Circuit has held that two pharmaceutical companies did not violate the Fair Labor Standards Act (FLSA) by failing to pay overtime to their sales representatives, concluding that the FLSA’s “administrative exemption” from the statute’s overtime requirements was applicable to these employees. [read post]
5 Aug 2007, 3:35 pm
However, the Third and Fourth Circuits have held that Flores-Ortega did not announce a new rule of constitutional law. [read post]
10 Sep 2022, 6:25 am by Samuel Bray
President of the United States (August 26) is a major new case about national injunctions. [read post]
27 Apr 2014, 11:19 pm
As regular readers know, that’s the novel approach to the Fourth Amendment introduced by the DC Circuit in United States v. [read post]
17 Aug 2015, 12:32 pm by Richard S. Zackin
., the United States Court of Appeals for the Second Circuit recently adopted the “primary beneficiary” test for determining whether individuals performing services for no compensation have been properly classified as “unpaid interns” or are, in fact, “employees” who have been improperly denied wages mandated by the Fair Labor Standards Act (FLSA). [read post]
1 Apr 2013, 1:26 pm by Jared Klaus
A bitterly divided United States Supreme Court last week added even more height to the barriers facing plaintiffs who seek to certify their claims as class actions. [read post]
6 Oct 2023, 2:19 pm by John Ross
She sues his employer (the United States) for negligence under the Federal Tort Claims Act. [read post]
5 Jun 2020, 1:45 pm
" There were restrictions against overnight guests and personal firearms.The Second Circuit Court of Appeals started by agreeing with the district court that the Third Amendment was incorporated into the Fourteenth Amendment and therefore applied to actions by the states. [read post]
10 Sep 2010, 8:07 am by Bexis
North America, Inc., 971 A.2d 1228 (Pa. 2009), but dismissed the appeal as improvidently granted after it turned out that the defendant was an intermediate seller, not a true manufacturer (that makes a difference in the Third Restatement, but it’s not important here).Finally, the Third Circuit got fed up with the issue remaining undecided, and after trying unsuccessfully to get the Pennsylvania Supreme Court to accept a certified question, took the… [read post]
14 Sep 2009, 2:49 pm
Circuit Court of Appeals; No. 08-3074; September 1, 2009: Picture by Thuy Pham Discredited testimony is not considered a sufficient basis for drawing a contrary conclusion. [read post]
27 Apr 2014, 6:05 am by Florian Mueller
That lack of clarity is not even in Apple's interest, but in this "Posner case", it's all up to Google to appeal, which I very much hope it will.Functional claimingThis third part is harder to understand than injunctive relief but no less important. [read post]