Posts filtered by tags: US Court of Appeals[x]


 

How the fight over the full Mueller report could lead to impeachment

Attorney General Barr has resisted sharing the unredacted Mueller report with Congress on two bases: grand jury secrecy (based in part on avoiding unfairness to those not indicted but possibly mentioned in the Report) and the risk of identifying national intelligence sources. The latter category is not in serious dispute. Although the most zealous of the pro-impeachment congressmembers demand even information that might identify a CIA mole inside the Kremlin, no one else is pushing for that. Reg...
Tags: Opinion, Opinion columns


Music Publishers Issue 'Fact Check' Of Spotify Blog Post 'Attempting To Deceive' Songwriters

Spotify has released a blog post laying out their decision to join Amazon, Pandora and Google in appealing a US Copyright Board decision that would raise streaming payments to songwriters by 44%, over time. Now, David Israelite of the National Music Publishers Association (NMPA) has issued point-by-point "fact check" of Spotify's claims. ______________________________________ From the NMPA Spotify Blog Post Insults Songwriters by Attempting to Deceive Them – A Fact Check ...
Tags: Google, Amazon, Spotify, Music, US, Pandora, Bruce Houghton, US Court of Appeals, Spotify Spotify, National Music Publishers Association NMPA, DC Circuit, David Israelite, National Music Publishers ' Association, Spotify Amazon Google, Amazon Pandora, US Copyright Board


Ohio can block Planned Parenthood funding, appeals court rules

Striking a blow to abortion rights activists, the US Court of Appeals for the 6th Circuit has given Ohio the green light to cut funding to groups like Planned Parenthood.
Tags: Cnn, Ohio, US Court of Appeals, 6th Circuit


Over 80 US government websites have become insecure or completely inaccessible because there are no workers there to update security credentials

More than 80 US government websites have now become either insecure or inaccessible due to the sites not updating a security credential known as a TLS certificate, according to a report by Netcraft. Sites impacted include the likes of NASA, the US Department of Justice, and the US Court of Appeals. Most of these affected sites will allow users to proceed past the security warning page, but that can leave users vulnerable to cyber attacks. The US government shutdown has taken a toll on pub...
Tags: US, Trends, Nasa, National Parks, US Department of Justice, US Court of Appeals, Netcraft, Netcraft Sites, US Court of Appeals Most


Trump goes to Supreme Court asking for OK to enforce racist asylum ban

Because it's always a good time to flog a dead horse. Chris Geidner of Buzzfeed writes, “The Trump administration went to the Supreme Court on Tuesday, seeking an order that would allow it to enforce its new policy barring asylum claims by those who cross into the country without authorization.” “On Dec. 7, the US Court of Appeals for the 9th Circuit denied the Justice Department's request to put the district court judge's injunction on hold.” Follow Chris on this story. BREAKING: Trump admi...
Tags: Post, Politics, News, Supreme Court, Buzzfeed, Immigration, US news, Racism, Donald Trump, Justice Department, Chris, Trump, US Court of Appeals, Chris Geidner, Picks, The Trump


United States: Burden Is On Trustee To Show Insolvency At Time Of Transfer - McDermott Will & Emery

The US Court of Appeals for the 11th Circuit affirmed the district court's dismissal of a fraudulent conveyance claim for a "blocking right"and right of first refusal under a patent transfer agreement
Tags: News, United States, Emery, McDermott, US Court of Appeals


United States: The Nickel Report: Ninth Circuit Overturns Climate Change-Based Decision Not To List Species Under ESA - Hunton Andrews Kurth LLP

A recent US Court of Appeals decision could have broad implications for how federal wildlife agencies consider potential climate change impacts on species and their habitat. Pursuant to the Endangered
Tags: News, United States, US Court of Appeals, ESA Hunton Andrews Kurth LLP


United States: First Circuit Holds Defendants Have Burden To Negate Loss Causation In ERISA Fiduciary Duty Cases - McDermott Will & Emery

The US Court of Appeals for the First Circuit has solidified a circuit split on who has burden of proving loss causation in ERISA breach of fiduciary duty cases.
Tags: News, United States, Emery, McDermott, First Circuit, US Court of Appeals


Live free or there

Mass Live: Restrictive firearms rules in Boston and Brookline are constitutional and do not infringe on the Second Amendment’s right to bear arms, the US Court of Appeals for the First Circuit said in a decision. The implementation of the Massachusetts firearms licensing statute in Boston and neighboring Brookline “passes muster under the Second Amendment,” the court said in upholding a lower court’s ruling.
Tags: Guns, Boston, Massachusetts, Uncategorized, First Circuit, US Court of Appeals, Brookline


Merrick Garland Recuses Himself From Handling Kavanaugh Ethics Complaints

The US Court of Appeals for the DC Circuit announced Saturday that Chief Judge Merrick Garland recused himself from handling ethics complaints filed against Supreme Court nominee Brett Kavanaugh, according to Buzzfeed. Buzzfeed reports that the statement does not give an explanation for why Garland decided to recuse himself nor does it contain an update for the status of the Kavanaugh ethics complaints. Garland’s nomination for the Supreme Court in 2016 failed after Republicans refused to act ...
Tags: News, Supreme Court, Obama, Senate, US Court of Appeals, Garland, Kavanaugh, DC Circuit, Zoe Tillman, Merrick Garland, Brett Kavanaugh, Buzzfeed Buzzfeed, Karen LeCraft Henderson, Summer Concepcion


United States: Ninth Circuit Affirms Approval Of Settlement In Olive Oil Labeling Suit Where Class Counsel Would Receive 80% Of Monetary Component Of Settlement Fund - Dentons

The US Court of Appeals for the Ninth Circuit on September 11, 2018, affirmed a decision of the US District Court for the Northern District of California approving a US$1 million nationwide mislabeling class action settlement
Tags: News, US, United States, US Court of Appeals, Ninth Circuit


United States: John Garziglia In Radio Ink: Court Of Appeals Upholds CRB Music Streaming Rates - Womble Bond Dickinson

Earlier this month, the US Court of Appeals for the D.C. Circuit upheld the Copyright Royalty Board's music streaming rates for 2016-2020.
Tags: News, United States, D C Circuit, US Court of Appeals, Womble Bond Dickinson, John Garziglia


US Court of Appeals votes in favor Oregon’s Clean Fuels program against oil industry attack

In Oregon, Platts reports that the state’s Clean Fuels program had its day in court against the oil industry and won when the US Court of Appeals for the 9th Circuit decided the law discriminates against fuels with high greenhouse gas emissions, not the state of origin as the coalition of truckers and oil industry associations argued. A dissenting opinion on the three-person bench sided with the oil industry, saying that all fuels emit GHG and contribute to global warming.
Tags: Oregon, Policy, Platts, 9th Circuit, US Court of Appeals, Oregon Platts


United States: PipelineLaw: Third Circuit Decisions "Clarify" The Extent Of Federal Appellate Court Jurisdiction Over Appeals Of Pipeline Permits That Are Subject To State Administrative Review - Andrews Kurth Kenyon LLP

The US Court of Appeals for the Third Circuit recently issued two decisions concerning the relationship between the Natural Gas Act (NGA)
Tags: News, United States, US Court of Appeals, Third Circuit, PipelineLaw


United States: Court Of Appeals Affirms "Paternalistic" Breach Of Fiduciary Duties - McDermott Will & Emery

The US Court of Appeals for the Eighth Circuit recently affirmed a Minnesota district court's dismissal of a claim against Wells Fargo & Company (Wells Fargo) under ERISA.
Tags: News, Minnesota, United States, Emery, McDermott, Court of Appeals, US Court of Appeals, Eighth Circuit, Wells Fargo Company Wells Fargo


Ajit Pai Helped Charter Kill Consumer-Protection Rules In Minnesota

An anonymous reader quotes a report from Ars Technica: A court ruling that limits state regulation of cable company offerings was praised by Federal Communications Commission Chairman Ajit Pai, who says the ruling supports his contention that the FCC can preempt state-level net neutrality rules. The new court ruling found that Minnesota's state government cannot regulate VoIP phone services offered by Charter and other cable companies because VoIP is an "information service" under federal law. P...
Tags: Fcc, Minnesota, Tech, Federal Communications Commission, Circuit, Pai, Charter Communications, US Court of Appeals, Ajit Pai, 8th Circuit, Minnesota Public Utilities Commission MPUC


US Court of Appeals: An IP Address Isn't Enough To Identify a Pirate

A judge has ruled that copyright trolls need more than just an IP address if they want to go after copyright infringement. An IP is not enough proof to tie a person to a crime. From a report: In a win for privacy advocates and pirates, the Ninth Circuit Court of Appeals ruled that an IP address alone is not enough to go after someone for alleged copyright infringement. They ruled that being the registered subscriber of an infringing IP address does not create a reasonable inference that the subs...
Tags: Tech, Comcast, US Court of Appeals, GONZALES, Ninth Circuit Court of Appeals, Thomas Gonzales


United States: Recent Appeals Court Decision Enables Hospitals To Appeal Old Base-Year Cost-Reporting Errors That Affect Prospective GME Reimbursement - Dentons

On June 29, 2018, the US Court of Appeals for the DC Circuit invalidated a Centers for Medicare & Medicaid Services (CMS) regulatory interpretation that prevented hospitals
Tags: News, United States, US Court of Appeals, DC Circuit, Medicare Medicaid Services CMS, Recent Appeals Court


United States: Ninth Circuit Panel Upends Arm's Length Standard In Cost Sharing - Morgan Lewis

July 24, 2018, marked a significant, although potentially short-lived, victory for the IRS, as a panel of the US Court of Appeals for the Ninth Circuit reversed by 2 votes to 1, the full US Tax Court's unanimous opinion
Tags: News, United States, Irs, US Court of Appeals, Ninth Circuit, Morgan Lewis, US Tax Court, Ninth Circuit Panel


United States: Eleventh Circuit Affirms Dismissal Of Constitutional Claims Against Florida Utilities - Morgan Lewis

The US Court of Appeals for the Eleventh Circuit on July 11 affirmed the dismissal of a putative class action complaint seeking disgorgement and other relief from two Florida utilities (Utilities).
Tags: Florida, News, United States, US Court of Appeals, Eleventh Circuit


United States: The Other Shoe Drops In Sneaker Trademark Case - McDermott Will & Emery

Addressing the evidentiary standard for irreparable harm in a Lanham Act case, the US Court of Appeals for the Ninth Circuit affirmed the district court's grant
Tags: News, United States, Emery, McDermott, US Court of Appeals, Ninth Circuit


United States: Phonetically Identical Description Of Competing Dog Bags Doesn't Necessarily Cause Confusion - McDermott Will & Emery

The US Court of Appeals for the Eighth Circuit affirmed a district court summary judgment finding that no evidence had been presented from which a jury
Tags: News, United States, Emery, McDermott, US Court of Appeals, Eighth Circuit


United States: Attorneys' Fees Award Dismissed Pending Arbitration - McDermott Will & Emery

The US Court of Appeals for the First Circuit reversed a district court's order granting a motion for attorneys' fees pursuant to the Copyright Act, finding that the dismissal deferred adjudication
Tags: News, United States, Emery, McDermott, First Circuit, US Court of Appeals


United States: Court Invalidates FTC Enforcement Action Related To Alleged Unfair Data Security Practices - WilmerHale

On June 6, the US Court of Appeals for the Eleventh Circuit vacated a cease-and-desist order by the FTC) issued against LabMD, Inc. arising from an FTC enforcement action alleging
Tags: News, United States, Ftc, US Court of Appeals, Eleventh Circuit, LabMD Inc


United States: Federal Appellate Court Finds That Title VII Bans Gender Identity Discrimination - McDermott Will & Emery

The US Court of Appeals for the Sixth Circuit ruled on March 7, 2018, that workplace discrimination on the basis of gender identity and gender expression violates Title VII of the Civil Rights Act of 19640
Tags: News, United States, Emery, McDermott, US Court of Appeals, Federal Appellate Court


“Pritzker alumnus confirmed to US Court of Appeals”

“Pritzker alumnus confirmed to US Court of Appeals”: Jonah Dylan of The Daily Northwestern has this report.
Tags: Law, Uncategorized, US Court of Appeals, Jonah Dylan


Vehicle Emissions Intersect with the Car of the Future

In terms of a car of the future, what do we want? What can we afford to buy and to drive? Should we buy a hybrid, gasoline, or all-electric engine? Truck, SUV or fuel economy all the way? Do vehicle emissions even come into play when we are thinking about buying a car? Ten years ago, the great recession hit, and the auto industry (along with many others) were on the ropes. The Obama administration handed to automakers a bailout with the promise in return that they would achieve a fleet wide ...
Tags: Obama, California, US, Fuel, General Motors, Ford, Auto Industry, Autos, Chrysler, Epa, Jerry Brown, District Of Columbia, Environmental Protection Agency, Scott Pruitt, Trump, Nhtsa


United States: DC Circuit's ACA V. FCC Decision: Implications For Calling And Texting - Morgan Lewis

In a much-anticipated decision, the US Court of Appeals for the DC Circuit has ruled on the Federal Communication Commission's 2015
Tags: News, Fcc, United States, US Court of Appeals, Morgan Lewis, Federal Communication Commission, DC Circuit


United States: Jumpman Logo Ruling Is A Slam Dunk For Nike - McDermott Will & Emery

In a dispute concerning the famous Michael Jordan "Jumpman" logo owned by Nike, Inc., the US Court of Appeals for the Ninth Circuit agreed with the district court that the Nike logo
Tags: News, Nike, United States, Emery, US Court of Appeals, Ninth Circuit, Nike Inc, Nike McDermott Will amp, Michael Jordan Jumpman


United States: DC Circuit's ACA v. FCC Decision: Implications For Calling And Texting Retail Did You Know? - Morgan Lewis

In a much-anticipated decision, the US Court of Appeals for the DC Circuit has ruled on the Federal Communication Commission's 2015 Declaratory Order on the Telephone Consumer Protection Act, focusing on autodialing equipment, reassigned phone numbers, and revocation of consent.
Tags: News, Fcc, United States, ACA, US Court of Appeals, Morgan Lewis, Federal Communication Commission, DC Circuit