Search

Your search keyword '"UNITED States district courts"' showing total 15 results
Start Over Descriptor "UNITED States district courts" Search Limiters Available in Library Collection Topic district court decisions
15 results on '"UNITED States district courts"'

1. Vertical Stare Decisis and Three-Judge District Courts.

Author

MORLEY, MICHAEL T.

Subjects
*APPELLATE jurisdiction, *DISTRICT court decisions, UNITED States district courts
Abstract

The article examines the applicability of the vertical stare decisis concept of the Appellate Jurisdiction Theory in the decisions of three-judge federal district courts in the U.S.

Published
2020

2. CONSTITUTIONAL LAW - ORIGINATION CLAUSE - D.C. CIRCUIT REAFFIRMS THAT AFFORDABLE CARE ACT FALLS OUTSIDE SCOPE OF THE ORIGINATION CLAUSE.

Author

Sissel, V.

Subjects
*DISTRICT court decisions, *CONSTITUTIONAL law, *MEDICAL care, *MEDICAL care laws, PATIENT Protection & Affordable Care Act, UNITED States district courts
Abstract

The article discusses the court case Sissel v. United States Department of Health & Human Services. Particular focus is given to how this case relates to constitutional law, the Origination Clause and the Affordable Care Act (ACA). Details relating to how the court case took place in the United States District Court for the District of Columbia are also offered.

Published
2016

3. IP Litigation in U.S. District Courts: 1994-2014.

Author

Sag, Matthew

Subjects
*INTELLECTUAL property, *HISTORY of federal courts, *NONPRACTICING entities (Patent law), *FORUM shopping, *PATENT suits, *DISTRICT court decisions, *HISTORY, *ACTIONS & defenses (Law), UNITED States district courts
Abstract

This Article undertakes a broad-based empirical review of intellectual property ("IP") litigation in U.S. federal district courts from 1994 to 2014. Unlike the prior literature, this study analyzes federal copyright, patent, and trademark litigation trends as a unified whole. It undertakes a systematic analysis of the records of more than 190,000 cases filed in federal courts and examines the subject matter, geographical, and temporal variation within federal IP litigation over the last two decades. This Article analyzes changes in the distribution of IP litigation over time and their regional distribution. The key findings of this Article stem from an attempt to understand long-term patterns in the filing data as well as short-term deviations from various trends. This data-driven approach has yielded insights in relation to such diverse topics as Internet filesharing litigation, the true impact of patent trolls on the level of patent litigation, and the extent of forum shopping and forum selling patent litigation. Just as importantly, this Article lays the foundation for planning and evaluating future empirical studies of IP litigation with a narrower focus. Many of the results and conclusions herein demonstrate the dangers of basing empirical conclusions on narrow slices of data from selected regions or selected time periods. [ABSTRACT FROM AUTHOR]

Published
2016

4. HELPING YOURSELF WHILE SERVING TWO MASTERS: DO SPECIALISTS VIOLATE RULE 10B-5 WHEN THEY INTERPOSITION?

Author

Asudulayev, Roman

Subjects
*DISTRICT court decisions, *FEDERAL courts, *FEDERAL prosecutors, UNITED States district courts
Abstract

The decision of the Second Circuit in United States v. Finnerty (Finnerty lit) was the culmination of a number of District Court decisions that found that specialists on the New York Stock Exchange (NYSE) could not be held liable for fraud under Rule 10b-5 for interpositioning, whereby they put themselves between buy and sell limit orders, in violation of NYSE rules, and profited on the spread. Finnerty III and its District Court sibling decisions were wrongly decided. Specialists presented a uniquely thorny issue of agency law to the Federal Courts in New York. This issue was under-analyzed by the Federal Prosecutors and left the courts without a coherent theory of fiduciary duty for specialists. This Note will demonstrate that there is a fiduciary relationship between specialists and their public customers and will untangle that relationship to show that it prohibits interpositioning and that interpositioning was fraud under Rule 10b-5. [ABSTRACT FROM AUTHOR]

Published
2012

5. "IN-OR OUT-": THE JURISDICTIONAL CONFUSION OVER CHALLENGES TO AGENCY DECISIONS TO IN-SOURCE CONTRACTED WORK.

Author

Soil, Gabriel D. and Ward, Tara L.

Subjects
*ACTIONS & defenses (Law), *ADMINISTRATIVE procedure, *DISPUTE resolution, *DISTRICT court decisions, *JURISDICTION (Administrative law), UNITED States district courts
Abstract

The article discusses concerns relating to in-sourcing decisions before the U.S. district courts and reflects the tensions that exist in potential forums for resolving such disputes. It focuses on the jurisdictional tension between the Administrative Procedure Act (APA) and the Administrative Dispute Resolution Act's (ADRA) modification of the Tucker Act. It recommends that decisions to in-source should be reviewable, and suggests a possible strategy for challenging such decisions.

Published
2012

6. LLCs: Exempt from Common-law Fiduciary Duties?

Author

Willenbrink, Zachary R.

Subjects
ACTIONS & defenses (Law), PRIVATE companies, STATUTES, UNITED States district courts, DISTRICT court decisions, FIDUCIARY liability, COMMON law
Abstract

The article discusses the gap in Wisconsin's limited liability companies (LLC) statutes, due to which it cannot be applied on various issues concerning LLC. It presents information on the order issued by the U.S. District Court for the Eastern District of Wisconsin in Executive Center III LLC v. Meieran, which focused unresolved issue of state law. It emphasized the needs of applying common-law fiduciary duties to LLCs.

Published
2012

7. The Erosion of Lawyer Independence.

Author

Maurice, Donald S.

Subjects
UNITED States district courts, DISTRICT court decisions, CONSUMER law, ACTIONS & defenses (Law)
Abstract

The article discusses the decision from a U.S. district court in the northern District of Georgia, CFPB v. Frederick J. Hanna & Associates, P.C.,et al. It states that the Consumer Financial Protection Bureau (CFPB) contends Hanna's lawyers violated consumer protection law because they are not diligently lawyering against consumers. It mentions that Hanna Settlement Demonstrates Erosion of Lawyer Independence.

Published
2016

8. Taxpayer in Trade or Business of Being a "Private Attorney General".

Author

Beavers, James A.

Subjects
FALSE claims lawsuits, UNITED States district courts, DISTRICT court decisions, ACTIONS & defenses (Law)
Abstract

The article offers information on a court case discussed in a U.S. district court related to taxpayer Richard Bagley, who worked for TRW Automotive Holdings Corp., and who prosecuted an action against his former employer for false claims under the False Claim Act (FCA). The court ruled that Bagley had a profit motive for FCA activity, so it concluded he met the profit motive requirement.

Published
2013

9. FTC, Federal District Court Give iWorks the Works.

Author

Knowles, Jeffrey D., Gordon, Leonard L., and Goodrich, Mark S.

Subjects
DISTRICT court decisions, INTERNET advertising, UNITED States district courts, ACTIONS & defenses (Law), GOVERNMENT policy
Abstract

The article reports that the U.S. District Court of Nevada granted the U.S. Federal Trade Commission's (FTC) summary judgment against businessman Jeremy Johnson and Internet marketing company iWorks in April 2015. Topics include the lawsuit filed by FTC against Johnson and iWorks due to misleading testimonials in 2010, online advertising policy, and need for marketers to consider online advertising techniques.

Published
2015

10. Understand Wage and Hour Laws to Avoid Penalty.

Author

Gold, Lessing E.

Subjects
WAGE lawsuits, WAGES, WORKING hours -- Lawsuits & claims, UNITED States district courts, DISTRICT court decisions
Abstract

The article presents a U.S. case study involving various California wage and hours laws. It highlights the plaintiff as a non-high volume installer of alarm systems who asserted that the defendant has violated wage and hour laws in the state. The U.S. District Court for the Eastern District of California has ordered preliminary certification of the action settlement of the case.

Published
2017

11. It's Tough to Get an Injunction.

Author

Gold, Lessing E.

Subjects
UNITED States district courts, DISTRICT court decisions, PRELIMINARY injunctions, CONTRACT lawsuits, DEFENDANTS, DISMISSAL & nonsuit, IRREPARABLE harm
Abstract

The article discusses the U.S. District Court for the District of Alaska's dismissal of a motion for preliminary injunction filed by an alarm company that was in the business of selling security alarm systems in Canada and U.S. It states that the company filed a lawsuit against the defendants for allegedly inducing customers to cancel the contracts they have signed with the firm. It says that the dismissal was due to the company's failure to demonstrate a likelihood of irreparable harm.

Published
2015

12. California Water Utilities Face Complex Pressure.

Author

Glazier, Kyle

Subjects
CITIZENS' associations, DISTRICT court decisions, UNITED States district courts
Abstract

The article reports that the U.S. fourth District Court of Appeal in San Diego ruled in the case of Capistrano Taxpayers Association Inc. vs. City of San Juan Capistrano not not charge more for a service than the cost of providing that service. American attorney Jerry Brown states that the practical effect of the court's decision is to put a straitjacket on local government at a time when maximum flexibility is needed.

Published
2015

13. Notice of Lodging of Proposed Consent Decree Under the Clean Water Act.

Author

Katz, Maureen M.

Subjects
CONSENT decrees, WATER pollution laws, UNITED States district courts, DISTRICT court decisions, ACTIONS & defenses (Law), OIL spills
Abstract

The article offers information on a notice issued by the U.S. Department of Justice inviting public comment related to the proposed consent decree under Clean Water Act. It states the action of the U.S. District Court against MOEX Offshore 2007 LLC in connection with the oil discharge into the Gulf of Mexico. It also states that the comment should be received within 30 days after publishing this notice.

Published
2012

14. JPMorgan Must Face Dexia's Mortgage Suit, Judge Rules.

Author

Browdie, Brian

Subjects
UNITED States district courts, MORTGAGE-backed securities, DISTRICT court decisions, FEDERAL judges, ACTIONS & defenses (Law)
Abstract

The article reports U.S. District Court in Manhattan Judge Jed Rakoff ruled on May 17, 2013 that the court did not have jurisdiction in a lawsuit against JPMorgan Chase bank. The case accuses JPMorgan Chase of misrepresenting the quality of residential mortgage-backed securities sold to Belgian bank Dexia. The article states the lawsuit will return to New York State trial court.

Published
2013

15. Did Alarm Reset Lead to a Violation of Rights?

Author

Gold, Lessing E.

Subjects
DISTRICT court decisions, UNITED States district courts, CIVIL rights, SEARCHES & seizures (Law)
Abstract

The article discusses the ruling of the U.S. District Court for the Northern District of Ohio in a case wherein the plaintiff alleged that police officers violated his Constitutional rights. The plaintiff claimed that the defendants were permitted to enter his residence to solely install an alarm, but they re-entered a day after the installation to reset the alarm system. The court dismissed the case after citing some exeptions to the prohibition against warrantless searches and seizures.

Published
2012

Catalog

Books, media, physical & digital resources
See catalog results