Tag Archives: Circuit

U.S. Court of Appeals for the Ninth Circuit, Cobbler Nevada, LLC v. Gonzales, Docket No. 17-35041

Attorney’s fees: Copyright: Prevailing party: Dismissal with prejudice: Voluntary dismissal: The Copyright Act states that the district court “may . . . award a reasonable attorney’s fee to the prevailing party as part of the costs . . . .” … Continue reading

Posted in International Law | Tagged , , , , , , , , , | Leave a comment

Seventh Circuit Upholds Illinois’ ZEC Program and Leaves the Door Open for State Subsidization of Generation

On September 13, 2018, in Electric Power Supply Association v. Star (Case No. 17-2433 and 17-2445), the Seventh Circuit upheld a district court decision finding that Illinois’ zero emissions credit (ZEC) program (i.e., its nuclear subsidy) was not preempted by … Continue reading

Posted in Environmental Law | Tagged , , , , , , , , , , | Leave a comment

The Third Circuit Recognizes Snap Removal Practice Falls Within Plain Meaning of 28 U.S.C. § 1441(b)(2)

After oral argument before The Honorable Michael A. Chagares, The Honorable Kent A. Jordan, and The Honorable Julio M. Fuentes, the United States Court of Appeals for the Third Circuit by Opinion entered in Encompass Insurance Co. v. Stone Mansion … Continue reading

Posted in Antitrust - Competition law | Tagged , , , , , , , , , , , | Leave a comment

Marijuana, mandatory minimums and jury nullification, oh my: split Ninth Circuit affirms panel federal convictions, though remands to address DOJ spending rider

A big, long and split decision by a panel of the Ninth Circuit yesterday in US v. Lynch, No. 10-50219 (9th Cir, Sept. 13, 2018) (available here), prompted the weak "Wizard of Oz" reference in the title of this post. … Continue reading

Posted in Health Law | Tagged , , , , , , , , , , , , , , , , | Leave a comment

Ninth Circuit Clarifies Boundaries of California’s Restriction on Noncompete Agreements

Taking a second look at the use of “no future employment” provisions in a settlement agreement between a doctor and his former employer, the Ninth Circuit Court of Appeals recently held that two of the three provisions constituted “restraints of … Continue reading

Posted in Employment and Labour Law | Tagged , , , , , , , | Leave a comment