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Short Non-Precedential Opinions?

by Dennis Crouch Many of us have been criticizing the Federal Circuit new proclivity to issue no-opinion judgment – particularly in patent cases stemming from the Patent Trial and Appeal Board. The Court appears to be experimenting with a new method – short non-precedential decisions.  I highlight two decisions released on August 17: Gold Standard Instruments v. […]

Women's health, patients' rights, and Planned Parenthood funding may be headed to the Supreme Court

Wednesday federal court ruling against Planned Parenthood has been subsumed by all things Trump this week, but it needs to be highlighted again. In a radical departure from court precedent, the 8th Circuit Court of Appeals ruled that the state of Arkansas could prevent Medicaid enrollees from getting health care at Planned Parenthood clinics. Show More Summary

Courts Everywhere Said Women Can Use Medicaid at Planned Parenthood. This One Just Ruled They Can’t.

The Trump administration has tried and failed several times to defund Planned Parenthood, but one federal court has just succeeded. In a 2-1 decision, the 8th Circuit Court of Appeals ruled Wednesday that the state of Arkansas can withhold Medicaid funds from the women’s health care provider—a switch the state has sought since 2015. The decision marks a major departure from […]

DC Circuit ruling a positive sign on LNG

This week, the U.S. Court of Appeals for the District of Columbia rejected a challenge by Sierra Club to the Freeport LNG facility, a natural gas export project in Texas.... The post DC Circuit ruling a positive sign on LNG appeared first on Shopfloor.

Men lose appeal on Pennsylvania university sex abuse claims

A federal appeals court has rejected an appeal from three men who sued a former Pennsylvania university administrator over allegations he sexually abused them. The 3rd U.S. Circuit Court of … Click to Continue »

Lawsuit over Apple retail workers' unpaid bag checks may go to California Supreme Court

A class action suit over Apple store workers' unpaid time spent in bag checks may soon be headed to the California Supreme Court, after the 9th U.S. Circuit Court of Appeals appealed to the institution for guidance.

Appeals Court Upholds Dismissal of Suit Over Lawyer Dues Used to Oppose Shared Parenting

The 8th Circuit Court of Appeals has weighed in on a lawsuit aimed at the State Bar Association of North Dakota over that organization’s use of legally-required lawyer dues to engage in political activities against a shared parenting measure in the 2014 election cycle. The plaintiff in the suit, Bismarck attorney Arnold Fleck, originally argued...

Federal appeals court rules Arkansas can defund Planned Parenthood

Today, the 8th U.S. Circuit Court of Appeals determined that the state of Arkansas is allowed to end its contract with Planned Parenthood as a Medicaid provider. In 2015, Arkansas Governor Asa Hutchinson chose to defund Planned Parenthood...Show More Summary

Non-Sequiturs: 08.16.17

Not wasting any time: Judge Amul Thapar, recently confirmed to the Sixth Circuit, authors his first published opinion as a member of that court. [How Appealing] "Can private employers fire employees for going to a white supremacist rally?" It depends, as Eugene Volokh explains. Show More Summary

Bath Salts, Drug Analogue, Sentencing Confirmed

The First Circuit affirmed the lower court's decision in the case of U.S. v. Giggey. The appeal questioned the sentence that was imposed on an individual convicted of conspiracy to sell, and possession with intent to sell, both controlled and analogue substances. The substance in question was bath salts,......

Knowledge of the law is no excuse, FDCPA edition

“In a 7-4 en banc decision, the U.S. Court of Appeals for the Seventh Circuit ruled that the bona fide error defense in the Fair Debt Collection Practices Act (FDCPA) did not protect a debt collector who complied with then-controlling Seventh Circuit precedent — which was subsequently overruled by that court.” [Stefanie H. Show More Summary

Appeals court upholds Nebraska funeral picketing law

A federal appeals court has agreed with a lower court's ruling upholding Nebraska's law requiring picketers to stay at least 500 feet from funerals. The U.S. 8th Circuit Court of … Click to Continue »

11th Circuit sets date for arguments in PCA criminal appeals

Oral arguments for the appeals of Stewart Parnell, Michael Parnell and Mary Wilkerson are set for the week of Nov. 6, according to the 11th U.S. Circuit Court of Appeals. The trio, once associated with the now defunct Peanut Corporation of America (PCA), is appealing their jury convictions and sentences for their roles contributing to a Salmonella... Continue Reading

Setback for EPA in Regulating Gases with High Global Warming Potential

Today, the D.C. Circuit Court of Appeals vacated a 2015 EPA rule targeting the use of hydrofluorocarbons (HFCs), a class of potent greenhouse gases that are used as refrigerants and propellants for a variety of purposes as a substitute for ozone-depleting chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs). The court’s decision is a setback for President Obama’s […]

Standard Set: First Amendment Retaliation Constructive Discharge

In a recent ruling out of the Eleventh Circuit Court of Appeals, a panel of three justices reversed the lower court's dismissal on summary judgment in the First Amendment retaliation case, Rodriguez v. City of Doral et al. The case involved the alleged constructive termination of a police officer......

Patent troll who claimed to have invented podcasting struck down by federal court ruling

The U.S. Court of Appeals for the Federal Circuit has affirmed a decision that invalidates a patent claimed by a patent troll that if valid would allow them to essentially control podcasting, including the right to claim a fee from every single person who creates a podcast. Show More Summary

US court puts Personal Audio's 'podcasting patent' to bed

The U.S. Court of Appeals for the Federal Circuit on Monday affirmed a Patent and Trademark Office finding to invalidate a notorious "podcasting patent" that "patent troll" Personal Audio used in lawsuits against big-name podcasters...

Court Rules Pregnancy Center Must Obey Pro-Abortion Obamacare Mandate

The U.S. 3rd Circuit Court of Appeals ruled Friday that Real Alternatives, a secular non-profit organization in Pennsylvania that provides pro-life alternatives to abortion, must comply with the Obamacare contraception mandate in their healthcare coverage despite moral objections. Show More Summary

Well, this is damn depressing.

Just up at Facebook from Joey Novick, my guy, upon reading that the U.S. Court of Appeals for the Third Circuit has upheld the conviction of Bergen Democratic Chair Joe Ferriero, sentenced for 35 months in jail on convictions of...Read more

Oldest U.S. Synagogue Property Dispute Ruling Saves the Bell

In a case that has roots going back centuries, the fight over the Touro Synagogue in Newport, Rhode Island, reached a turning point this week when the First Circuit Court of Appeals ruled that the Congregation Shearith Israel properly owned the synagogue and its bells. In issuing their ruling, the......

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