updated Mon. April 1, 2024
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Pensacola News Journal
April 14, 2018
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 orÃâà...
Youngstown Vindicator
April 14, 2018
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 thatÃâà...
MediaPost Communications
April 14, 2018
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 theyÃâà...
Law.com
April 12, 2018
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 neverÃâà...
TAPinto.net
April 11, 2018
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 Bloomfield@TAPinto.netÃâà...
U.S. News & World Report
April 3, 2018
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.
seattlepi.com
April 2, 2018
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 bureaucraticÃâà...
Law.com
March 7, 2018
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 onÃâà...
U.S. News & World Report
March 7, 2018
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.
Chicago Tribune
March 7, 2018
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 extraordinaryÃâà...
U.S. News & World Report
March 7, 2018
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. SmolleyÃâà...
Mondaq News Alerts
March 7, 2018
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 shouldÃâà...
Lexology
March 7, 2018
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 ofÃâà...
Arizona Daily Star
March 6, 2018
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 rulingÃâà...
MediaPost Communications
March 6, 2018
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.
Peoria Journal Star
March 6, 2018
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 wasn'tÃâà...
Windy City Times
March 4, 2018
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 gayÃâà...
ACA International
March 2, 2018
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 thatÃâà...
Land Line Magazine
March 1, 2018
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 theÃâà...
Arkansas Times (blog)
February 28, 2018
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.
WIRED
February 28, 2018
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 theÃâà...
Dallas Business Journal
February 28, 2018
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&TÃâà...
Guns.com
February 27, 2018
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 orderÃâà...
Arizona Daily Star
February 27, 2018
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.
PLANSPONSOR
February 27, 2018
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 theÃâà...
Alabama Public Radio
February 14, 2018
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 GardendaleÃâà...
Orlando Weekly (blog)
February 10, 2018
“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 neverÃâà...
Tulsa World
February 6, 2018
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 prisonÃâà...
U.S. News & World Report
January 31, 2018
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 theÃâà...
Law.com
December 31, 1999
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 bothÃâà...
Planadviser.com
December 31, 1999
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, FidelityÃâà...
