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Tom Freier: North Dakota Must Appeal Court Ruling Striking Down “Heartbeat Bill”

We find the Forum’s editorial calling the 2013 Heartbeat Bill a stunt having ‘little to do with common-sense’ and gloating over the 8th Circuit Court of Appeals’ decision to block the provision of the measure passed by a 2-1 vote of the legislature representing the people of North Dakota-inaccurate and misleading. The Forum failed to...

U.S. appeals court revives lawsuits against Visa, Mastercard

NEW YORK (Reuters) - A federal appeals court has revived three consolidated lawsuits against Visa Inc, Mastercard Inc and several U.S. banks accusing them of conspiring to inflate the prices of ATM access fees in violation of antitrust law. Show More Summary

First Net Neutrality Case to Reach Court in Early December

14 hours agoTechnology / Mobile : Phone Scoop

USTelecom and other opponents to the FCC's net neutrality rules will have their first day in court come December. The U.S. Court of Appeals for the District of Columbia Circuit will hear initial oral arguments regarding the FCC's internet regulation rules on Dec. Show More Summary

Federal Judge in Boise Strikes Down Idaho’s New ‘Ag-Gag’ Law

Idaho’s new “ag-gag” law is unconstitutional, U.S. District Court Judge B. Lynn Winmill ruled on Monday. A spokesman for Idaho’s attorney general said the state has not decided if it will appeal the decision to the U.S. Court of Appeals for the Ninth Circuit in San Francisco. Idaho’s is the first “ag-gag” statute to be... Continue Reading

Appeals Court Says Netflix Doesn't Violate Privacy By Displaying Viewing History To Anyone Using That Account

17 hours agoIndustries / Law : Techdirt

The Ninth Circuit Appeals Court has upheld a win for Netflix in yet another privacy class-action lawsuit arising from the publication of then-Supreme Court nominee Robert Bork's rental history oh so many years ago. The Video Privacy Protection Act sprang into being in 1988 and was used to extract a settlement from Netflix over 20 years later. Show More Summary

A Case With Teeth? Federal Circuit To Review ITC Jurisdiction Over Digital 'Articles'

Next Tuesday, August 11, the U.S. Court of Appeals for the Federal Circuit will hear oral argument in ClearCorrect Operating, LLC v. International Trade Commission, a case that nominally involves a cease-and-desist order the International Trade Commission (ITC) imposed on a data file that contained a digital model of crooked [...]

The Judiciary Below the Water Line

(Steven Hayward) Decisions of the Supreme Court understandably get a lot of attention, but what about the decisions of the Circuit Courts of Appeals, not to mention District Court and state appellate courts? Their decisions are often...Show More Summary

EPA Ordered to Rewrite Downwind Pollution Rules for 13 States

The US Court of Appeals for the District of Columbia Circuit has ordered the EPA to rewrite rules for smokestack emissions that drift across state lines, reports US News & World Report. The ruling follows an April 2014 Supreme Court decision that upheld the Cross-State Air Pollution Rule, which blocks states from adding to air […]

Appeals Court Gives Gun Industry Reason to Celebrate

It's a red-letter day for the pro-gun community and boy, are they celebrating the news out of the 11th Circuit. From the NRA to the red-meat blogs, let the word go out: Gun owners don't need to worry any more about those 'nosy' doctors taking away their guns. Show More Summary

Naomi Campbell Will Fight Italian Court’s Decision

Naomi Campbell is fighting back against the sentence she received in an Italian court yesterday as the result of a 2009 attack against a photographer. “We are appealing the ruling surrounding the 2009 incident. Due to the ongoing legal...Show More Summary

U.S. Court Puts National Collegiate Athletic Association Injunction on Hold

A U.S. appeals court put on hold a ruling that ordered the National Collegiate Athletic Association to allow universities to offer student athletes a limited share of revenue.

Appeals court grants stay of injunction in O’Bannon lawsuit

The injunction would have allowed current and future players to be compensated for the uses of their names, images and likenesses.

Seventh Circuit Revives Data Security Breach Class Action Against Neiman Marcus: Finds Article III Standing In Class Expenses “Resolving Fraudulent Charges and Protecting…Against Future Identity Theft.”

A panel of the Seventh Circuit Court of Appeals (Wood, C.J., Kanne, J. and Tinder, J.) has reversed the dismissal of a data security breach class action lawsuit against luxury department store Neiman Marcus.

Mountain Goat Goring Lawsuit Dismissed

File photograph courtesy of Miguel Vieira/Flickr On Monday, a federal appeals court dismissed a mountain goat-goring lawsuit, in which Susan Chadd sued the federal government after her husband, Robert Boardman, was gored, in 2010, by a well-known, trouble-making mountain goat in Olympic National Park. Show More Summary

Qualcomm Exonerated In ParkerVision Case

ParkerVision today said it lost an appeal of allegations that Qualcomm was infringing on some of its patents. The U.S. Court of Appeals for the Federal Circuit upheld a district court ruling maintaining that ParkerVision did not prove infringement of its patents by Qualcomm. Show More Summary

U.S. Appeals Court Ruled That Google Should Pay $14.5 Million To Microsoft For Breach Of Contract

Back in 2010, Microsoft sued Motorola that they are not ready to license wireless and video FRAND patents used in Xbox and Windows at a reasonable cost. In 2012, U.S. District ruled that the appropriate royalty rate Motorola can demand was $1.8 million, not $4 billion a year which Motorola demanded. Court also found that […]

Google Given Right to Appeal in Safari Cookies Case

The U.K. Supreme Court has granted permission in part for Google to appeal against a ruling relating to a dispute over the user information through cookies via use of the Apple Safari browser.

Government's Appeal Of Insider Trading Case To The Supreme Court Is Fraught With Uncertainty

In response to its first major insider trading defeat, the Obama administration filed a petition to the Supreme Court to overturn an appellate ruling in New York that set a tougher standard for prosecutors. The case arose out of the prosecution of  Todd Newman and Anthony Chiasson, two hedge fund portfolio [...]

Monsters Among Us: Darius Kimbrough raped and killed Denise Collins; He was executed 11/12/2013

From Kimbrough’s appeal: Kimbrough was convicted of first-degree murder on July 1, 1994, and was sentenced to death on December 9, 1994. ? His conviction and sentence were affirmed by this Court on direct appeal. ? The relevant facts as taken from the opinion on direct appeal are:  Kimbrough was convicted of first-degree murder, burglary […]

Blagojevich's lawyers to ask full court to rule on appeal

Lawyers for former Gov. Rod Blagojevich plan to ask the full 7th U.S. Circuit Court of Appeals to decide his appeal after a three-judge panel of the court recently upheld 13 of the 18 counts on which he was convicted.

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