Under this choice-of-law rule, the Federal Circuit applies its own law to decide whether or not a patentee's behavior can subject it to antitrust liability while the law of the appropriate regional circuit still applies to the other elements of an antitrust claim such as relevant market, market power, and damages.6 A. The Federal Circuit's Choice-of-Law and the Court's Justification Prior to the Federal Circuit's appropriation of non-patent law in Nobelpharma, the court had applied regional circuit law to all non-patent issues pursuant to its decision in Atari Inc. v. JS & A Group, Inc.7 In Atari, the Federal Circuit was presented with an appeal of a contributory copyright infringement claim that had originally been brought along with a patent claim giving the Federal Circuit juri...
The Securities Exchange Act of 1934 and the private litigation securities reform Act of 1995 - A. The Securities Exchange Act of 1934 - B. The Private Securities Litigation Reform Act of 1995 - II. Policy, theory, and jurisprudence: corporate action and intent-components of corporate scienter - A. The Total is Greater than the Sum of its Parts-A Corporation and its Agent - B. Scienter: What Constitutes Intent under Securities Law? - C. The Doctrine of Collective Scienter - III. Landing on different sides of the fence on collective scienter-an examination of the Federal Circuit Courts‘ split - A. Two Circuits’ Outright Rejection of Collective Scienter - B. The Sixth Circuit Takes a Different Approach - C. The Fence Riders - IV. Spanning the usage spectrum - A. The Fifth Circuit’s Anal...
... terrorism against the Untied States, the courts have no obligation to entertain pure speculation a...
The common-law rule of consistency prevented a defendant's conviction upon the acquittal of all confederates for a crime requiring multiple parties. Though most federal circuit courts of appeal pronounced the rule dead after a series of Supreme Court decisions ending in United States v. Powell, the Sixth Circuit recently invoked the rule in Getsy v. Mitchell to reverse a death sentence returned against a hired murderer-a decision subsequently reversed on en banc review. This Note highlights the ways in which the common-law rule, as well as variations of the type presented in Getsy, are ill-suited to today's sentencing system-problems that result chiefly from the rule's ability to operate on partially inconsistent verdicts. This Note concludes with a proposal for a "clear-inconsistency r...
RICHMOND, Va. - President Barack Obama has begun reshaping the nation's most conservative federal appeals court, one that has handled many high-profile terrorism and detainee cases and generally supported the anti-terrorism initiatives of former President George W. Bush. Five of the nation's 20 open circuit judgeships belong to the Richmond, Va.-based 4th U.S. Circuit Court of Appeals. The vacancies - fully a third of the court's 15 judgeships - make the 4th Circuit more ripe than any other federal appeals panel for a fundamental shift in ideology, and greatly increase the odds that the court will undo some of its recent rulings.
Defendants who remove cases to federal court increasingly find that the federal judiciary is not embracing these cases with open arms. Rather, federal judges are carefully scrutinizing removal petitions to ensure that federal jurisdiction exists. This intense level of judicial scrutiny carries over to cases removed under the Class Action Fairness Act of 2005 (CAFA), despite congressional intent in enacting CAFA to make it easier for parties to remove class action cases to federal court. Remand battles have centered on two fronts: the amount in controversy and the last-sewed defendant rule. This article considers the impact of recent decisions on both issues. Attorneys representing defendants who wish to remove actions to federal court must carefully plan how they will prove the amount i...
... When the case is a class action, "District Courts shall have original jurisdiction of any civil acti...Dow Chemical Co., in which the Ninth Circuit found that the defendant had not met its burden of...
ver las páginas en versión mobile | web
ver las páginas en versión mobile | web
© Copyright 2012, vLex. All Rights Reserved.
Contents in vLex United States
Explore vLex
For Professionals
For Partners
Company
Other interesting searches:
Fred Bowie | Eric Andrieu | Local Development | Phil Agee | Mulzer Crushed Stone Inc | gaceta oficial 23 mayo 2008 | excarcelacion extraordinaria | Impatto ambientale | ibrahim ruiz | reforma penal 2008
