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 United States Appellate courts

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updated Sat. April 14, 2018

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The NVLSP needed such a case to challenge a 1999 precedent-setting ruling of the U.S. Court of Appeals for Veterans Claims that found VA was not ... The appellate court ruled that the "plain language" of the law "states that compensation is due for a disability 'resulting from personal injury suffered ...
The judges from the 6th U.S. Circuit Court of Appeals in Cincinnati have refused to hear an appeal of a ruling calling for the removal of the death penalty ... In his letter to DeWine, Watkins said he believes the appellate court has not given "proper deference ... to the many Ohio court decisions affirming ... prosecutor US Supreme Court

Time, Gannett and other news organizations are asking a federal appellate court to decide whether embedding a tweet in a news article can infringe copyright. The publishers are seeking to immediately appeal an order issued by U.S. District Court Judge Katherine Forrest in New York, who ruled that ...
Peltz filed suit in July 2013 against Coral Gables-based Trust Hospitality LLC and Trust Hospitality International LLC, whose marketing material show they operate branded hotels in the U.S., Caribbean and Latin America. His complaint alleged the defendants accumulated $94,315 in legal bills but ...
Appellate Court Rules in Bloomfield's Favor on Lackawanna Train Station Property Value ... BLOOMFIELD, NJ -- An appellate court panel of three judges has overturned a previous decision from 2016 on the value of a property containing the historic Lackawanna ... Reach us at ...

Governor Nominates Judge to Serve on Appellate Court. Gov. ... The Democratic governor announced his pick of Moll for the Appellate Court on Tuesday. The West ... Moll will take the Appellate Court spot previously held by state Supreme Court Justice Maria Arujo Kahn, if approved by the legislature.
The U.S. 9th Circuit Court of Appeals has sided with salmon and steelhead on the Columbia and Snake Rivers, ruling that federal agencies must spill water over dams so young fish can migrate downstream to the Pacific Ocean. Approval of the spring "fish flush" comes despite ongoing ...
The Senate has confirmed 29 of Trump's appointees to the bench, including U.S. Supreme Court Justice Neil Gorsuch and 14 judges for the powerful appellate courts. The Pew analysis, based on data from the Federal Judicial Center and the Senate, said there have been a total of 654 "no" votes cast ...
The 6th U.S. Circuit Court of Appeals said R.G. & G.R. Harris Funeral Home in Garden City discriminated against director Aimee Stephens by firing her in 2013. In a 3-0 ... He said in a statement that the opinion "rewrites federal law and is directly contrary to decisions from other federal appellate courts.
But in 2016 the U.S. District Court for the District of Oregon declined to dismiss the case and set it on a path toward a trial. The Justice Department then sought a "writ of mandamus," calling on the appellate court to stop the case before it could proceed further. This is generally considered an ... Trump administration
An Illinois appellate court has ordered a resentencing hearing for a Peoria man convicted of killing a mother and daughter more than a decade ago. March 7 ... Smolley was resentenced to 65 years after the U.S. Supreme Court ruled that mandatory life sentences for juveniles weren't constitutional. ...
Given the conflicting decisions, it is very likely that other federal appellate courts, and perhaps the U.S. Supreme Court, will further address the CWA-groundwater pathway issue in the near future. The content of this article is intended to provide a general guide to the subject matter. Specialist advice ...
The Court indicated that Duhig is not precedent and the case had not been applied or discussed by any Ohio Appellate Courts or the Ohio Supreme Court. ... The adoption of the Duhig rule by several other states and the rule's foundation in estoppel by deed theory led us to anticipate Ohio's acceptance ...
PHOENIX -- Attorney General Mark Brnovich is lashing out at the Trump administration for asking the U.S. Supreme Court to reject Arizona's bid to deny ... The filing comes after Noel Francisco, the federal solicitor general, told the justices they should deny Brnovich's plea to review the appellate court ...
News Publishers Want To Take Battle Over Embedded Tweet To Appellate Court ... practical implications for all online publishers, social media and content platforms, and Internet users," the news organizations write in papers filed Monday with U.S. District Court Judge Katherine Forrest in New York.

When he was 15, Smolley was initially sentenced to life in prison without any chance of parole after a brief bench trial. Then, such a sentence was mandatory for anyone convicted of killing two or more people. However, the U.S. Supreme Court ruled in 2012 that mandatory life sentences for juveniles ... court orders
Among the many LGBT and HIV/AIDS cases Logue worked on were the fight to include an LGBT contingent in Chicago's Bud Billiken Day Parade; the Jamie Nabozny case in Wisconsin, which resulted in a U.S. appellate court ruling requiring public schools to take seriously the abuse of lesbian and gay ... court orders
Doubling down on its 2017 standing-decision in Van Patten v. Vertical Fitness Group, LLC (holding that “a violation of the TCPA is a concrete, de facto injury” that is sufficient to confer Article III standing”), the U.S. Court of Appeals for the Ninth Circuit has held, in an unpublished opinion, that allegations that ... court orders
The appellate court declined to clarify the exemption language by stating an employee's job duties proves an employer's involvement in the transportation industry without U.S. Supreme Court direction, thus, maintaining precedent determining a company's primary business does not need to be within the ... court orders
Arkansans who want to discriminate have a couple of added degrees of protection. For one, we reside in the 8th U.S. Circuit, perhaps the most conservative appellate court, controlled by Republican judges. Arkansas also has a law intended to protect those who want to discriminate against LGBT people. court orders
As the case has worked its way through appellate courts, Microsoft has taken the position that US law enforcement needs to go through Irish authorities if they want to obtain the emails. The United States has a Mutual Legal Assistance Treaty with Ireland, as it does with over 60 other countries and the ... court orders
An appellate court initially agreed, but the FTC appealed to the U.S. Court of Appeals for the Ninth Circuit, which overturned the prior ruling. “Today's decision on jurisdiction does not address the merits of the case. We are reviewing the opinion and continue to believe we ultimately will prevail,” AT&T ... court orders
Before approving the agreement last March, U.S. District Judge Ortrie Smith considered rejecting the settlement because of the low claims rate. The defective trigger design had been linked to numerous injuries and deaths and in turn dozens of lawsuits. Part of the agreement was to issue the recall in order ... court orders
In a brief order, the U.S. Supreme Court said it wants to hear arguments by the district why it cannot be sued by two firefighters who were let go by the district in ... argued to the justices that what the 9th Circuit decided about the applicability of the law is different than rulings from four other appellate courts. court orders
In a case in which 401(k) plan participants allege Transamerica Life Insurance Company (TLIC) and its affiliates violated the Employee Retirement Income Security Act (ERISA) in the charging of fees and administration of certain investment accounts, the 9th U.S. Circuit Court of Appeals has remanded the ... court orders
A federal appeals court says a mostly white Alabama city won't be allowed to break away from a mostly black county school system in order to form its own educational district. The 11th U.S. Circuit Court of Appeals ruled yesterday that a lower court was wrong to let the Birmingham suburb of Gardendale ... court orders
“What sometimes happened is, Mr. Smith comes into this office in 1998 —- and believe me they did, and they came in with their oxygen and the came in with their wheelchairs and they came in dying in front of us —- and we said absolutely we'll sign you up. And then unbeknownst to us they die. We never ... court orders
Death threats sent by a Connecticut man following the 2016 fatal police shooting of Terence Crutcher are not protected political speech and could be construed as actual threats, an appellate court ruled Tuesday. The 10th U.S. Circuit Court of Appeals upheld the conviction and one-year federal prison ... court orders
RALEIGH, N.C. (AP) — A federal judge decided Wednesday that partisan primaries must go ahead for North Carolina appellate court races in 2018, partially ... U.S. District Judge Catherine Eagles in Greensboro said there was no justification from the state or the Republican legislators who passed the ... court orders
Appellate e-filing has long been mandatory for attorneys in the U.S. Court of Appeals for the Third Circuit and other federal appellate courts, but it remains ... Now that e-filing has been in existence in both the Third Circuit and Pennsylvania's state appellate court for many years, it is not surprising that ...
A federal appellate court has affirmed the dismissal of a lawsuit alleging that Fidelity Trust Company offered and mismanaged a stable value fund for its own ... According to the 1st U.S. Circuit Court of Appeals opinion, in the wake of the 2007–2008 financial crisis and the ensuing economic decline, Fidelity ...
Until then, a patchwork of decisions has been handed down by state courts, some finding state law provides more protection for cell phone users than the US Constitution. At the federal level, however, years of precedent has resulted in a mostly-unified front by appellate courts. According to their decisions, ...
A Senate committee is scheduled to vote next week on Minnesota Supreme Court Justice David Stras' nomination for a federal appellate court seat, a little more ... Stras, who is also still on a Trump shortlist of U.S. Supreme Court considerations, committed to “interpreting and applying the law in an impartial ...
The authors, Matias Iaryczaower, Xiaoxia Shi, and Matthew Shum — of Princeton, University of Wisconsin, and Caltech, respectively,-developed a mathematical model of the U.S. Appellate Court system decisions. More specifically, they looked at the appellate courts' mistakes and tried to determine if ...
A U.S. Court of Appeals has sided with a trucking company and truck stop in a case where an insurance company blamed both for a cargo theft of approximately $9 million of pharmaceuticals. The shipping company's insurer claimed the carrier was liable for the theft because of a federal shipping law ...
... she has made extraordinary strides to make the trial bench more receptive to the needs and experiences of diverse and underserved communities in our state. Judge Nelson is a widely respected civil rights champion, whose perspective on the bench moves us closer to our shared vision of justice for all.".
ST. THOMAS — Murderer and disgraced former V.I. Police Capt. Enrique Saldana had been seeking to overturn a U.S. District Court order resentencing him to 18 months in prison for a 2010 extortion and conspiracy conviction, but his appeal was rejected by the 3rd U.S. Circuit Court of Appeals.
A New Ranking From U.S. News & World Report · Rankings; States; Data Explorer · Videos · News · Best States · Rankings. Back; Rankings · Health Care · Health Care Access · Health Care Quality · Public Health · Education · Pre-K - 12 · Higher Education · Crime & Corrections · Corrections · Public Safety.
Dawn Nguyen's appeal of her 2014 conviction for falsifying business records was denied this week by a state appellate court panel. Nguyen, now 29, was ... Before that attempt to have her sentence shortened, Nguyen had unsuccessfully appealed to the U.S. Court of Appeals for the Second Circuit.
Trump Nominates New Mexico Lawyer for Appellate Court Post. President Donald Trump is nominating a part-time federal magistrate ... in eastern New Mexico to a seat on the 10th Circuit Court of Appeals. U.S. Congressman Steve Pearce made the announcement Wednesday, congratulating Joel Carson.
An appellate court has declined to rehear a lawsuit against the federal government alleging that Fort Detrick's chemical waste disposal practices led to ... The U.S. Court of Appeals for the 4th Circuit issued an order Monday denying the motion to rehear the case Pieper et al. v. the United States of America.
It should be kept in mind that even though Mr Trump has succeeded in getting at least 12 appellate judges confirmed this year, there are 179 appellate court judgeships overall. He has changed the composition of the US's appellate courts by only 6.7 per cent. He also hasn't managed yet to tip the balance ...
Supervisor Sharon Bronson said they're pleased with the appellate court decision, although she's aware an appeal is likely. “It was a strongly worded decision that allows us to play to our regional, economic strengths,” she said. “It will help us grow jobs and thanks to our business partners who supported us ...
Dawn Nguyen's appeal of her 2014 conviction for falsifying business records was denied this week by a state appellate court panel. Nguyen, now 29, was ... Before that attempt to have her sentence shortened, Nguyen had unsuccessfully appealed to the U.S. Court of Appeals for the Second Circuit.
On Wednesday, the Sixth Circuit U.S. Court of Appeals revived a shareholder class-action lawsuit against Franklin, Tenn.-based Community Health Systems, alleging the for-profit hospital operator deceived shareholders by keeping secret that its profits were based on Medicare fraud. Here are eight things ...
A vote is scheduled Tuesday on Trump's choice of Leonard Steven Grasz to serve on the U.S. Court of Appeals for the 8th Circuit. Grasz served for more than 11 years ... By comparison, Democratic President Barack Obama had three appellate court judges confirmed in his first year. Grasz was only the third ...
Experts have predicted the issue of whether Title VII covers sexual discrimination on the basis of sexual orientation would eventually be heard by the Supreme Court because of the conflicting appellate court rulings. In April, in a ground-breaking ruling, the 7th U.S. Circuit Court of Appeals in Chicago held in ...
A New Ranking From U.S. News & World Report · Rankings; States; Data Explorer · Videos · News · Best States · Rankings. Back; Rankings · Health Care · Health Care Access · Health Care Quality · Public Health · Education · Pre-K - 12 · Higher Education · Crime & Corrections · Corrections · Public Safety.


 

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