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Tag Archives: Remands
Arbitrator Found Not to Have Issued a Reasoned Award, SDNY Remands to Arbitrator for Clarification
The Southern District of New York remanded an arbitration award back to the arbitrator for clarification, as the parties had agreed to a “reasoned” award, and the arbitrator exceeded his authority in issuing an award that did not meet the … Continue reading
Posted in Business law
Tagged Arbitrator, award, clarification, FOUND, Issued, Reasoned, Remands, SDNY
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Federal Circuit Vacates and Remands District Court’s Infringement and Willfulness Findings in Omega Patents v. CalAmp
On April 8, the Court of Appeals for the Federal Circuit issued a precedential decision in Omega Patents, LLC v. CalAmp Corp. that reversed and vacated a district court’s ruling that CalAmp had directly infringed certain patent claims asserted by … Continue reading
Posted in Intellectual Property
Tagged CalAmp, Circuit, Courts, district, Federal, findings, Infringement, Omega, Patents, Remands, Vacates, Willfulness
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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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Court Rejects Jury Instruction Inconsistent with Concurrent Causation Doctrine; Remands for New Trial
In December of 2016, I wrote about Sebo v. American Home Assurance Company,1 where the Florida Supreme Court reversed the appellate court’s adoption of the “Proximate Efficient Cause” doctrine and found that instead, the lower court should have applied the … Continue reading
Posted in Insurance
Tagged Causation, Concurrent, Court, Doctrine, inconsistent, instruction, jury, Rejects, Remands, trial
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Sixth Circuit Remands Sentence in § 924(c) Case in Light of Dean.
In United States v. Henry, the Sixth Circuit reiterated that district courts have more flexibility in considering the mandatory minimums required by § 924(c)(1) in order to depart from the Guidelines for the underlying predicate convictions. Michael Henry, who had obtained a reversal … Continue reading