Tag Archives: banc

5th Circuit Grants En Banc Rehearing to Address Federal Officer Removal

After years of inconsistent rulings, the Fifth Circuit is poised to address a removal issue with significant ramifications for Louisiana tort cases. The previous version of 28 U.S.C. § 1442 authorized removal to federal court of a suit against a … Continue reading

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Sixth Circuit En Banc Majority Rules Ohio Can Defund Planned Parenthood

Politico (Mar. 12, 2019): Appeals court rules Ohio can defund Planned Parenthood, by Alice Miranda Ollstein: In an en banc opinion issued Tuesday, the Sixth Circuit Court of Appeals found that Ohio may cut state funding to Planned Parenthood because… … Continue reading

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En banc court again strikes down sugar-sweetened beverages warning, with divided and divisive reasoning

American Beverage Ass’ v. City & County of San Francisco, No. 16-16072 (9th Cir. Jan. 31, 2019)After the panel opinion striking down SF’s sugar-sweetened beverages (SSB) disclosure was reheard by the en banc court in light of National Institute of … Continue reading

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My Speaking Notes for Senate BANC Committee November 21, 2018 re Copyright Board

Howard Knopf Speaking Notes for Senate BANC Committee November 21, 2018Here is the webcast of this hearing. My opening remarks occur at 14;49.  There were some very good questions, and presentations from Jeremy de Beer and Casey Chisick.The following are … Continue reading

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En Banc Federal Circuit: PTO Does Not Automatically Get Attorney Fees in Appeals and Civil Action Claims

by Dennis Crouch In its new en banc opinion, the Federal Circuit has confirmed that the Patent Act does not require patent applicants to pay the USPTO’s attorney fees in Section 145 actions.  The USPTO had requested $100,000+ to compensate … Continue reading

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