wright v newman case brief

1722 results for wright v newman case brief

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  • 545 U.S. 546 (2005), 04-70, Exxon Mobil Corp. v. Allapattah Services, Inc.

    ... won a jury verdict, the court certified the case for interlocutory review on the question whether ... No. 04-70. With him on the briefs was Virginia A. Seitz. Donald B. Ayer argued ... Schacht, 524 U.S. 381, 389 (1998); Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. ... See 490 U.S. at 549, 556; 13 Wright & Miller §3523, p. 127 (2d ed. Supp. 2005); Hart ...

  • 419 F.3d 656 (7th Cir. 2005), 04-2894, Dawson v. Newman

    ... Weist, Victoria Fafata, and Kathy Stoops-Wright, Defendants-Appellees. No. 04-2894. United States ...The district court later issued a brief "clarification" order indicating that the ...Ct. App. 2001). The case was remanded to Judge Newman and he immediately ...

  • 125 S.Ct. 2611 (2005), 04-70, Exxon Mobil Corp. v. Allapattah Services, Inc.

    ... won a jury verdict, the court certified the case for interlocutory review on the question whether ....         For U.S. Supreme Court briefs, see: .         2004 WL 2802974 ...2047, 141 L.Ed.2d 364 (1998); Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, ...2003; 13 Wright & Miller § 3523, p. 127 (2d ed. Supp.2005); Hart ...

  • 549 U.S. 457 (2007), 05-1272, Rockwell International Corp. v. United States

    ... or transactions" with an exception for cases brought by "an original source of the ...With her on the briefs were J. Scott Ballenger, Barry J. Blonien, ...1920, 158 L.Ed.2d 866 (2004) (citing Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, ...Wright, A. Miller, & M. Kane, Federal Practice and ...

  • 648 F.2d 330 (5th Cir. 1981), 80-7221, Newman v. A. E. Staley Mfg. Co.

    ... jurisdiction defendants removed the case to federal court. Following jury verdicts for ...Duplantis, 448 F.2d 918 (5th Cir. 1971); Wright Rootbeer Co. of New Orleans v. Dr. Pepper Co., ...1321 (1933).         In its brief, Staley points to numerous remarks made during ...

  • 547 F.3d 406 (2nd Cir. 2008), 06-3877, Staehr v. Hartford Financial Services Group, Inc.

    ...          This case is one of many stemming from the so-called “ ... ( Frontier II ), 318 F.3d at 148; Newman v. Warnaco Group, Inc., 335 F.3d 187 (2d ...brief period from 1994 to 1998 should have alerted an ... McKenna v. Wright, 386 F.3d 432, 436 (2d Cir.2004); see also 5 ...

  • 234 F.3d 558 (Fed. Cir. 2000), 95-1066, Festo Corp. v Shoketsu Kinzoku Kogyo Kabushiki Co.

    ...With him on the brief were Gerald T. Bodner, Glenn T. Henneberger, and ...         Before MAYER, Chief Judge, NEWMAN, MICHEL, PLAGER, LOURIE, CLEVENGER, RADER, ...We took the case en banc to resolve certain issues relating to the ...See generally 21 Charles Alan Wright & Arthur R. Miller, Federal Practice and ...

  • 721 F.3d 1330 (Fed. Cir. 2013), 2012-1334, Fresenius USA, Inc. v. Baxter Intern., Inc.

    ...With her on the brief was Michael E. Florey, of Minneapolis, MN. . ....           Before NEWMAN, DYK, and PROST, Circuit Judges. . ...          The issue in this case is whether the cancellation of the asserted ...Wright, Arthur R. Miller, & Edward H. Cooper, Federal ...

  • 352 F.3d 695 (2nd Cir. 2003), 03-2235, Padilla v. Rumsfeld

    ...2003) . Jose PADILLA, Donna R. Newman, as Next Friend of Jose Padilla, ... States Attorneys, New York, NY, on the brief"), for Respondent-Appellant-Cross-Appellee.    \xC2"... does not exist in a vacuum, and this case involves not whether those responsibilities ...Curtiss-Wright Export Corp., 299 U.S. 304, 57 S.Ct. 216, 81 ...

  • 672 F.3d 402 (6th Cir. 2012), 10-5003, Gooch v. Life Investors Ins. Co. of America

    ....           ON BRIEF: .           Markham R. Leventhal, ...We REMAND the case for further proceedings consistent with this ... opinion) (quoting 11A Charles Alan Wright, Arthur R. Miller, & Mary Kay Kane, Federal ... at 908 (Newman, J., concurring). Another danger is that " the ...

  • 678 F.3d 1357 (Fed. Cir. 2012), 2011-1073, In re Baxter Intern., Inc.

    ...With him on the brief were William G. McElwain, David L. Cavanaugh, ....           Before NEWMAN", LOURIE, and MOORE, Circuit Judges. .      \xC2"...'s decision, we decided the Fresenius case. Shortly thereafter, Baxter petitioned the ... See Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal ...

  • 522 F.3d 82 (1st Cir. 2008), 07-1796, Connectu LLC v. Zuckerberg

    ..., and Griesinger Tighe & Maffei, LLP were on brief, for appellant.          Daniel K. ... the recommended decision, and dismissed the case without prejudice for want of subject matter ... See 13A Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal ... exercise of removal jurisdiction); Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, ...

  • 592 F.3d 412 (3rd Cir. 2010), 09-1526, Zambelli Fireworks Mfg. Co., Inc. v. Wood

    ...This case presents us with the opportunity to address, for ... the parties to submit supplemental briefing on the question of this Court's jurisdiction. In ..., and economy become overwhelming." ); Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, ...v. Wright, 2 F.Supp.2d 701 (E.D.Pa.1998), observed that an ...

  • 790 F.3d 649 (6th Cir. 2015), 14-5870, Johnson v. Moseley

    Johnson, a former Metropolitan Nashville Police officer, Department, was twice arrested based on domestic violence complaints by his now-estranged wife, Terri. The second arrest was made, pursuant to warrant, by fellow officers Moseley and Thomas. Johnson was acquitted and filed suit against his estranged wife, Moseley and Thomas, and the Metropolitan Government, alleging civil rights violations...

    ... .          ON BRIEF: . .          Keli J. Oliver, Derrick ... Laura Thomas, defendants-appellants in this case. In March 2013, Johnson stood trial on the ...2010) (quoting Barnes v. Wright, 449 F.3d 709, 715-16 (6th Cir. 2006)). " Yet, ..., the rule was succinctly stated in Newman v. Township of Hamburg, 773 F.3d 769 (6th Cir. ...

  • 800 F.3d 99 (3rd Cir. 2015), 14-2660, Lincoln Benefit Life Co. v. Aei Life, LLC

    Lincoln Benefit Life sought a declaratory judgment voiding two $6.65 million life insurance policies, which, it alleged, were procured by fraud and for the benefit of third-party investors who have no prior relationship to the individual whose life was insured. The defendants included a corporation, which procured the policies, and two LLCs that were the record owners and beneficiaries. Federal...

    ...Only Innovative Brokers filed a brief defending the District Court's decision; neither ... " citizen of [a certain state]." 27 In the case of a corporation, the state of incorporation and ... Wright, Miller, et al., 13F Fed. Prac. & Proc. § ...2000). 21 McCann v. Newman Irrevocable Trust , 458 F.3d 281, 290 (3d Cir. ...

  • 519 F.3d 587 (6th Cir. 2008), 07-5230, Arendale v. City of Memphis

    ...           ON BRIEF: . James Edward King, Jr., Eskins King, ...shift. At the time relevant to this case, Plaintiff was supervised by Lieutenant Andre ...Wright. Both Major Cooper and Chief Wright are white. ... Newman v. Fed. Express Corp., 266 F.3d 401, 405 (6th ...

  • 790 F.2d 984 (2nd Cir. 1986), 86-1031, United States v. Melendez-Carrion

    ..., Williams and Wise, New Haven, Conn., on brief"), for defendant-appellant Fernandez-Diamante.  \xC2"... Before FEINBERG, Chief Judge, TIMBERS and NEWMAN, Circuit Judges.         JON O. NEWMAN, ... in which those accused in multi-defendant cases might happen to be arrested. The decision whether ...Ingraham v. Wright, 430 U.S. 651, 673-74, 97 S.Ct. 1401, 1413-14, 51 ...

  • 779 F.3d 1036 (9th Cir. 2015), 11-17187, Northstar Financial Advisors, Inc. v. Schwab Investments

    ...It remanded the case to the district court. . ... filing indicated a right to relief." Wright, Miller, & Kane, Federal Practice and Procedure: ... .          We add here a brief discussion of the thoughtful holding of the Court ... Newman-Green, Inc. v. Alfonzo-Larrain , 490 U.S. 826, ...

  • 740 F.3d 211 (2nd Cir. 2014), 12-3654-cv, Martinez v. Bloomberg LP

    ....           Before: NEWMAN", WINTER and DRONEY, Circuit Judges. .      \xC2"... a district court's decision to dismiss a case based on a forum selection 19 clause. While we ... invalid as against public policy); Wright v. Universal Mar. Serv. Corp., 525 U.S. 70, ... English law, but examination of the briefs in that case reveals that neither party urged ...

  • 987 F.2d 429 (7th Cir. 1993), 92-2512, Venture Associates Corp. v. Zenith Data Systems Corp.

    ...Newman (argued), Michael D. Schissel, Arnold & Porter, ...3 (1st Cir.1991) (quoting 5 Charles A. Wright & Arthur R. Miller, Federal Practice and ... of potential contractual liability in this case is the parties' preliminary agreement itself. In ... is a basis of recovery." Venture's Reply Brief in Support of Motion to Exclude at 7. These few ...

  • 550 U.S. 544 (2007), 05-1126, Bell Atlantic Corp. v. Twombly

    ... 553-554. .          (b) This case presents the antecedent question of what a ...With him on the briefs were Mark C. Hansen, Aaron M. Banner, Richard G. ...Wright & A. Miller, Federal Practice and Procedure ...3d 388, 396 (Alaska 2006); Newman v. Maricopa Cty., 167 Ariz. 501, 503, 808 P. ...

  • 798 F.2d 38 (2nd Cir. 1986), 873, Gelb v. Royal Globe Ins. Co.

    ..., Englar, Jones & Houston, New York City, on brief), for defendant-appellee.         Before FEINBERG, Chief Judge, and NEWMAN and WINTER, Circuit Judges.         JON ...In the criminal case the defendants requested a jury instruction ...Wright, A. Miller & E. Cooper, Federal Practice and ...

  • 978 F.2d 903 (5th Cir. 1992), 91-7084, United States v. Jackson

    ... others to collect a debt that Sam Junior Wright owed him as a result of a drug-related ... district court entered an order setting this case for trial on May 6. Camacho filed his first ...United States v. Newman, 849 F.2d 156, 160 (5th Cir.1988) (Witness did ... was reading the statement of facts from a brief filed in his capital murder appeal, he realized ...

  • 652 F.3d 340 (3rd Cir. 2011), 10-2328, Washington v. Hovensa LLC

    ... See McCann v. Newman Irrevocable Trust, 458 F.3d 281, 286 (3d ... well-defined legal precepts can, and in this case, do, govern that determination. Here, we take ...(citing 13B Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal ...In its brief consideration of the facts pointing toward the ...

  • 551 F.3d 344 (5th Cir. 2008), 08-20349, Fahim v. Marriott Hotel Services, Inc.

    ...brief summary of the facts.          Sanaa ... See, e.g., Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, ...at 535 (quoting 6A CHARLES ALAN WRIGHT et al., Federal Practice and Procedure § 1522.1 ...Accordingly, her Title II case" is one of circumstantial evidence only.     \xC2"...