The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
MoreBecause the Board's findings are supported by substantial evidence, we affirm. This case therefore concerns FirstHealth's appeal from the Board's denial of its motion to reopen the testimony period and the Board's dismissal of its counterclaim for cancellation of CareFirst's registered trademarks.
Brown Inc., DB Alex., 11, We do not think a district court's authority to revise a class certification ruling requires a without prejudice reservation of authority, and we surely are not inviting Judge Scheindlin to certify a more limited class in the aftermath of our rejection of the broad class.
489 F.3d 474, SARL LOUIS FERAUD INTERNATIONAL, Plaintiff-Appellant, S.A. that the foreign judgment is repugnant to the public policy of this state. The French court found that Viewfinder's publication of numerous photographs depicting plaintiffs' design collections violated plaintiffs' copyrights.
129 F.3d at 331. UCS focuses on discovery concerning the construct and operation of Lycos's web sites, but as we have explained above, Lycos is as entitled to immunity for its decisions about how to construct its web sites as for its decisions with respect to individual message board postings.
Appellants also fail to specify how the district court's RCRA findings whether or not refuted by the Final Pollution Report undercut the district court's discrete finding that the EPA's initial assessment of the CERCLA violations at the Vega Alta site was neither arbitrary nor capricious.
We affirm the trial court's ruling in both cases. The plaintiffs contend that those government agents acted in bad faith and that their bad faith conduct authorized the trial court to award attorney fees in this litigation. 997, 8 L. Ed. 2d 88 (1962), as the most favorable Supreme Court authority.
See Amerson 483 F.3d at 87 ([W]e underscore that were we faced with evidence of misuse of the DNA samples or scientific advances concerning the information that can be mined from *15 the DNA footprint stored on the CODIS database, our analysis and ultimate conclusions might very well be different.
491 F.3d 53, UNITED STATES of America, Appellee, v.Clive McFARLANE, a/k/a Clive McFarland, Defendant, Appellant. At the same time, Delehoy also saw a second male, later identified as Clive McFarlane, following approximately 100 feet behind Moore. But we do not review jury instructions in isolation;
1770, 123 L. Ed. 2d 508 (1993);, Jose's argument relies heavily on the Supreme Court's decision in United States v. Bajakajian, 524 U.S. 321, 118 S. Ct. As Congress stated in its enactment of the USA PATRIOT Act, it wanted to emphasize the seriousness of the act of bulk cash smuggling.
To qualify for withholding of removal or CAT relief, Hana must demonstrate that he is more likely than not to face persecution or torture, respectively, upon return to Egypt. Dine v. Gonzales, 464 F.3d 89, 92 (1st Cir.2006) (citing INS v. Elias-Zacarias, 502 U.S. 478, 481, 112 S. Ct.
Their next-door neighbor, Newman, is the poster child for the claim of unequal treatment. see also Clubside, 468 F.3d at 159 (describing a plaintiff's burden at summary judgment in a class of one case as more stringent than that used at summary judgment in the employment discrimination context).
476 F.3d 867, FIRST NIAGARA INSURANCE BROKERS, INC., Appellant, v.FIRST NIAGARA FINANCIAL GROUP, INC., Appellee. Brokers, Inc. v. First Niagara Fin. The record unquestionably reveals more than ample use of FN-Canada's marks in the United States to satisfy the use requirements of Section 2(d).
Garst, 328 F.3d at 378. Within three months of her appeal being docketed, Beverly filed between five and seven motions, depending on how you count them, seeking everything from an emergency writ of mandamus on Joseph's behalf to an order requiring the clerk of this court to serve her via email.
2055, 161 L. Ed. 2d 896 (2005). The expressive activity that has attracted Paramount's ire centers around generic print and public relations advertising campaigns for California pistachios. an Operating Committee with equal representatives from the Beef Board members and state beef councils;
504 F.3d 64 (2007), In re Alexander ZENO, Appellant, Respondent. The disciplinary findings, of course, did not involve his conduct on appeal. By district court rule, [a] defense attorney in any criminal case shall continue the representation until relieved by order of this court.
ANALYSIS, We review a district court's entry of summary judgment de novo. Congress passed the original version of the Act in 1990 amid concerns that the proliferation of campus crime created a growing threat to students, faculty, and school employees.
In a town with a representative meeting, only elected town meeting members can vote at town meeting, although all registered voters may attend. 2297, 156 L. Ed. 2d 221 (2003), that the public forum principles on which [plaintiffs rely] are out of place in the context of this case.
NOLBERTA AGUILAR ET AL.UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT DIVISION, OF THE DEPARTMENT OF HOMELAND SECURITY ET AL.Respondent, Appellees.Hoteles Cocorde Int'l, C.A.
Aguilar v. U.S. Immigr. See, e.g., 8 U.S.C. ยง 1252(g)(2), (declaring that no court shall have jurisdiction to hear any cause, or claim by or on behalf of any alien arising from the decision or, action by the Attorney General to commence proceedings, adjudicate, cases, or execute removal orders).
As the district court noted, Gillis would like to have his Transition Benefit calculated to include both the amount accrued under his previous GSX pension, which indisputably included his early retirement benefit, plus the early retirement subsidy granted by the Transition Benefit.
