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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
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 Circuit, door, Generation, Illinois, leaves, open, Program, Seventh, state, Subsidization, Upholds
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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 1441b2, Circuit, Falls, MEANING, Plain, practice, Recognizes, removal, snap, third, U.S.C., Within
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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 Address, Affirms, Circuit, Convictions, Federal, jury, Mandatory, Marijuana, Minimums, Ninth, nullification, Panel, Remands, Rider, spending, Split, though
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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 Agreements, boundaries, Californias, Circuit, Clarifies, Ninth, NonCompete, Restriction
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