the court of appeals for the federal circuit cafc
Tài liệu FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT pptx
... 1982) In these cases, the scope of authority was much narrower than in the cases where the role of the declarant—i.e., the nature of the relationship—was to speak for the party against whom the statement ... prove the truth of the matter the two men had asserted in their out-ofcourt statements Id There was no evidence the two men were employed or paid regularly by Jones The court did not analyze whether ... district court s opinion The district court finding properly focused on the record of untrustworthiness of the out of court declarant, Anderson, as required under the rule There was support for its...
Ngày tải lên: 16/02/2014, 02:20
Tài liệu PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT docx
... for cancellation of the remaining loan balance in the event of theft or total destruction of the collateral for the loan minus the proceeds of any insurance maintained on the collateral for the ... balance as the purchase price of the vehicle (the "amount financed"), divided by the total number of payments, and then multiplied by the number of payments remaining after the loss of the vehicle ... showing to the contrary Finally, the undiscriminating nature of the CLEC undermines a central purpose of the federal preemption doctrine The Comptroller of the Currency has stated that federal preemption...
Ngày tải lên: 16/02/2014, 12:20
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT doc
... considering the terms of the arbitration agreement, the conduct of the parties, and the course of the litigation, along with the traditional benchmarks regarding waiver of arbitration and the purpose of ... order is a federally authorized pricing decision The panel further held that the National Bank Act preempts the application of the * This summary constitutes no part of the opinion of the court It ... would frustrate the purposes of the FAA The overarching purpose of the FAA, evident in the text of §§ 2, 3, and 4, is to ensure the enforcement of arbitration agreements according to their terms...
Ngày tải lên: 06/03/2014, 10:20
United States Court of Appeals For the First Circuit ppt
... Corridor in 1986 for the purpose of recognizing the historical watershed significance of the River and restoring its The EPA formed the Narragansett Bay Project in the 1980s and the Blackstone ... process, the EPA evaluated a variety of factors, including the District's expected future discharge accounting for the upgrade and the state of the receiving waters and the Bay exhibited The EPA ... with this court along with an emergency motion for a stay of the new permit during the pendency of the appeal This court granted the stay that same day as to each permit condition cited by the District...
Ngày tải lên: 06/03/2014, 15:21
United States Court of Appeals FOR THE EIGHTH CIRCUIT pptx
... and that use of Battle.net is subject to the terms of the TOU The terms of neither the EULA nor the TOU appear on the outside packaging If the user does not agree to these terms, the game may ... solely for use by end users of Blizzard software products according to the terms of conditions contained herein Any use of Battle.net not in accordance with the terms of the Battle.net Terms of Use ... Before the Subcomm on Courts and Intellectual Property of the House Comm on the Judiciary, 105th Cong (1997); NII Copyright Protection Act of 1995: Hearings on H.R 2441 Before the Subcomm on Courts...
Ngày tải lên: 06/03/2014, 21:20
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT pdf
... COURT OF THE UNITED STATES _ No 11–626 _ FANE LOZMAN, PETITIONER v THE CITY OF RIVIERA BEACH, FLORIDA ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ... Court V For these reasons, the judgment of the Court of Appeals is reversed It is so ordered 16 LOZMAN v RIVIERA BEACH Opinion of the Court Appendix to opinion of the Court APPENDIX Petitioner’s ... SUPREME COURT OF THE UNITED STATES _ No 11–626 _ FANE LOZMAN, PETITIONER v THE CITY OF RIVIERA BEACH, FLORIDA ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH...
Ngày tải lên: 15/03/2014, 23:20
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT pdf
... Special Attorney, Office of the Attorney General for the State of Mississippi, Jon Cumberland Bruning, Attorney General, Office of the Attorney General for the State of Nebraska, Katherine J Spohn, ... in response to the remand of the Clean Air Interstate Rule (CAIR) by the U.S Court of Appeals for the District of Columbia Circuit ) In North Carolina v EPA, this Court explained the applicable ... Assistant Attorneys General, Office of the Attorney General for the State of Ohio, Thomas Bates, Chief, Public Protection Unit, Office of the Attorney General for the State of Oklahoma, Patrick Wyrick,...
Ngày tải lên: 19/03/2014, 11:20
United States Court of Appeals FOR THE EIGHTH CIRCUIT doc
... within the[ ] illustrations [enumerated in § 560.2(b)]: they are initial charges and the task of preparing the documents is part of the process of originating the loan.” Brief of the Office of Thrift ... prejudice of his claims against the FDIC pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure The second was filed by the remaining homeowners who sought remand of their appeals to the ... preempted and therefore the claims failed to state causes of action The homeowners appealed to the Missouri Court of Appeals and while their appeal was pending, the FDIC was appointed receiver of Washington...
Ngày tải lên: 22/03/2014, 21:20
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT pdf
... WILKINSON, Circuit Judge: In these three interlocutory appeals, the plaintiffs challenge the district court s denial of their motions to remand their cases to state court While the procedural history of ... removed the cases to the United States District Court for the District of Maryland After removal, plaintiffs filed final versions of their amended class action complaints in the federal court As MOFFITT ... to remand the cases to state court In their view, neither the letter nor the enclosed draft complaints that they sent to defendants qualified as "other paper[s]" within the meaning of 28 U.S.C...
Ngày tải lên: 22/03/2014, 21:20
IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT potx
... but whether the secondary use usurps or substitutes for the market of the original work The more transformative the secondary use, the less likelihood that the secondary use substitutes for the ... to the substantive material of the course In exchange for taking one of these courses, each staff member signs a promissory note for the “donation amount of the course.” In the event that the ... and the original elements Rather, the law in this circuit is that outside of the narrow context of “claims of compilation copyright infringement of nonliteral elements of a computer program,” the...
Ngày tải lên: 23/03/2014, 12:20
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT doc
... General, Office of the Attorney General for the State of Utah, and Kenneth T Cuccinelli, II, Attorney General, Office of the Attorney General for the Commonwealth of Virginia were on the briefs for ... General, Office of the Attorney General for the State of Nebraska, Katherine J Spohn, Special Counsel to the Attorney General, Wayne Stenehjem, Attorney General, Office of the Attorney General for the ... General, Luther Strange III, Attorney General, Office of the Attorney General for the State of Alabama, Pamela Jo Bondi, Attorney General, Office of the Attorney General for the State of Florida,...
Ngày tải lên: 29/03/2014, 19:20
COURT OF APPEALS DECISION DATED AND RELEASED docx
... name of their corporation Consistent with their loan application, First Federal had them sign the note and mortgage personally, rather than as officers of their corporation It obtained the deed ... that the Gjoviks approved of these arrangements; however, Brown did not reduce the agreement to writing The Gjoviks applied for a loan at First Federal in their individual names, rather than in the ... of the circuit court for Eau Claire County: ERIC J WAHL, Judge Affirmed Before Cane, P.J., LaRocque and Myse, JJ PER CURIAM In this foreclosure proceeding, the dispute concerns the priority of...
Ngày tải lên: 15/03/2014, 10:20
COURT OF APPEALS THIRD APPELLATE DISTRICT UNION COUNTY ppt
... and their interest in the property was superior to that of State Savings State Savings appealed the decision of the trial court On April 23, 1998, this Court affirmed the decision of the trial court. 4 ... assignment of error that the trial erred in failing to apply the principles of subrogation or reformation to the case herein For the following reasons, we not agree In Gunther I, this Court affirmed the ... outstanding mortgage loan For the following reasons, we affirm the judgment of the trial court The underlying facts and procedural history of the case are as follows The Appellees in this matter,...
Ngày tải lên: 15/03/2014, 10:20
