Trend Results : Circuit Court of Appeals

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WGA Not Alone in Challenging TV Packaging Deals; 9th Circuit To Rule In Legal Case

Oral arguments heard last month in an anti-packaging case before the U.S. Ninth District Court of Appeals are drawing parallels to allegations made by the WGA, which has accused the major Hollywood talent agencies of monopolizing the...Show More Summary

Appeals Court Reverses Decision Stopping Bayou Bridge Pipeline Work Through Cypress Swamp

Today the Fifth Circuit Court of Appeals reversed a federal judge’s temporary injunction halting work on the Bayou Bridge pipeline within Louisiana’s Atchafalaya Basin. In a 2-1 vote the higher court’s decision will allow construction...Show More Summary

Warrantless Smartphone Forensic Search at Border OK, 11th Cir. Rules

The Eleventh Circuit Court of Appeals recently ruled that the search of a smartphone at the border does not require a warrant, or even probable cause, even if we're talking about a forensic search. The underlying criminal case involved the conviction of a man for possession of child pornography.......

Impact On IRAs From Appeals Court Striking Down Department Of Labor’s Fiduciary Rule

The 5th Circuit of Appeals have vacated the DOL's fiduciary rule. The Appeals Court concluded that the DOL did not have the authority to extend the application of the Fiduciary rule to IRAs

SolarCity Mistake Escapes Class-Action Burn

The U.S. Ninth Circuit Court of Appeals spared Solar City an embarrassing loss, but also said it was a "mismanaged organization in need of closer financial oversight." The decision scrolls back to the company's initial public offering in 2012, when it raised more than $92 million. It put the......

Military Contractors Worker Comp Retaliation Case Revived

For a pair of former military contractors, the DC Circuit Court of Appeals may have finally cut through all the red tape to let their case get up to the summary judgment stage. The contractors filed claims of for retaliatory discharge and breach of contract. Notably, although only one......

Texas Ban on Sanctuary Cities Upheld Again by 5th Circuit

This week, the Texas law against sanctuary city policies was upheld, again, by the Fifth Circuit Court of Appeals, this time sitting en banc. The preliminary injunction, which the circuit court stayed pending the first appeal to the panel, was all but fully dismantled by the full appellate court.......

Dismissed with Prejudice

Ottah v. Fiat (Fed. Cir. 2018) On appeal, the Federal Circuit has affirmed the lower court’s dismissal of Chikezie Ottah’s infringement claim against Fiat, Toyota, Nissan, GM, Ford, and other auto manufacturers — holding it not infringed. Acting pro se, Ottah alleged that his U.S. Patent No. 7,152,840 (“book holder”) was being infringed by the back-up […]

Fifth Circuit Axes Fiduciary Rule: Over to the SEC

A panel of the United States Court of Appeals for the Fifth Circuit last week axed the fiduciary rule-- which the Trump Labor Department had delayed implementing. Now what? It’s over to the SEC.

Name Change Appeal Fails Due to Citizenship Conundrum

A transgender individual seeking a name change in Indiana has been denied that right by the Seventh Circuit Court of Appeals. However, the court did not rule against the individual person so much as they rigidly applied the law to the case at hand, as this was no ordinary......

Court Says Arizona Residents Hassled By CBP Encroachment Can Move Forward With Their First Amendment Lawsuit

2 weeks agoIndustries / Law : Techdirt

About a half-decade ago, Customs and Border Patrol turned roads in and out of a small Arizona town into East Germany. Now, the Ninth Circuit Appeals Court has ruled residents of Arivaca, Arizona can move forward with the civil rights...Show More Summary

Dave Begley: At the Grasz investiture [updated]

(Scott Johnson) Our occasional correspondent David D. Begley reports on the investiture of Steven Grasz to the Eight Circuit Court of Appeals. Dave is himself an Omaha attorney. Dave’s report on the investiture of Judge Grasz takes up many of the threads we have followed over the past year and adds Dave’s own insightful analysis. Show More Summary

Jeff Sessions' Culture War

The attorney general isn’t doing his job. His failure could harm millions. On Feb. 26, the full panel of the Court of Appeals for the Second Circuit upheld federal protections for LGBT employees in the workplace. Attorney General Jeff...Show More Summary

US v. Lundgren: When Recycling is a Crime

US v. Lundgren (11th Circuit 2018) A pending case against recycler Eric Lundgren has now moved to the 11th Circuit Court of Appeals. Lundgren pled guilty to criminal copyright infringement and was sentenced to 15 months incarceration.  The basics are that he manufactured over 28,000 discs containing Dell/Microsoft Restore Discs and shipped them from China […]

Court Says FTC Can Go After AT&T for Data-Speed Slow-Downs

The FTC can gun for AT&T once again, according to the Ninth U.S. Circuit Court of Appeals, which says the agency has the purview to regulate large internet service providers. The case reaches way back to 2014 when the FTC first sued AT&T over throttling users' mobile data speeds without properly informing them. Show More Summary

U.S. appeals court says Title VII covers discrimination based on sexual orientation

3 weeks agoNews : The Lookout

The 2nd U.S. Circuit Court of Appeals overruled prior decisions and said that a worker's sex is necessarily a factor in discrimination based on sexual orientation. The 2nd Circuit revived a lawsuit by the estate of Donald Zarda, a former skydiving instructor on Long Island who said he was fired after he told a customer he was gay and she complained. Show More Summary

Firing employees over sex orientation violates federal law: court

3 weeks agoNews : NY Daily News

The Second Circuit Court of Appeals ruled Monday that firing an employee over sexual orientation violates federal law.

Handing Trump Another Loss, Court Rules Current Law Protects Gay, Bi Workers

The powerful Court of Appeals for the Second Circuit said 1964’s Civil Rights Act bans discrimination based on sexual orientation.

Federal Court Hands Down Major Ruling Rebuking Trump Administration on Anti-Gay Discrimination

3 weeks agoLGBT / Gay : Towleroad

The 2nd Circuit Court of Appeals ruled on Monday that Title VII of the Civil Rights Act of 1964 bans workplace discrimination  based on sexual orientation. Buzzfeed News reports: The 2nd Circuit Court of Appeals ruled Monday, “We now...Show More Summary

SCOTUS Refuses To Review DACA Ruling, Dreamers Safe For Now

DoJ had asked the court to hear it before the 9th Circuit heard its appeal of the injunction partially reinstating DACA. Their refusal suggests the justices want to allow one or more appeals courts to take up the question before considering it. Show More Summary

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