... TO THEUNITEDSTATESCOURTOF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT [June 28, 2010] CHIEF JUSTICE ROBERTS delivered the opinion oftheCourt Our Constitution divided the “powers ofthe ... by the President with the Senate’s advice and consent, or—in the case of “inferior Officers”—by the President alone, the Courts of Law, or the Heads of Departments,” Art II, §2, cl TheUnited ... with further restrictions on the removal of inferiors TheCourtof Claims opinion adopted verbatim by this Court addressed only the authority ofthe Secretary ofthe Navy to remove inferior officers...
... publication in the preliminary print oftheUnitedStates Reports Readers are requested to notify the Reporter of Decisions, SupremeCourtoftheUnited States, Washington, D C 20543, of any typographical ... AMALGAMATED BANK ON WRIT OF CERTIORARI TO THEUNITEDSTATESCOURTOF APPEALS FOR THE SEVENTH CIRCUIT [May 29, 2012] JUSTICE SCALIA delivered the opinion oftheCourt We consider whether a Chapter 11 ... application ofthe general/specific canon is not the nature ofthe provisions’ prescriptions but their scope Finally, the debtors contend that theCourtof Appeals conflated approval of bid procedures...
... publication in the preliminary print oftheUnitedStates Reports Readers are requested to notify the Reporter of Decisions, SupremeCourtoftheUnited States, Washington, D C 20543, of any typographical ... SIMMONDS ON WRIT OF CERTIORARI TO THEUNITEDSTATESCOURTOF APPEALS FOR THE NINTH CIRCUIT [March 26, 2012] JUSTICE SCALIA delivered the opinion oftheCourt We consider whether the 2-year period ... delivered the opinion ofthe Court, in which all other Members joined, except ROBERTS, C J., who took no part in the consideration or decision ofthe case Cite as: 566 U S (2012) Opinion ofthe Court...
... 78aa provides: The district courts oftheUnitedStates shall have exclusive jurisdiction of violations of [the Exchange Act] or the rules and regula tions thereunder, and of all suits in ... J SUPREMECOURTOFTHEUNITEDSTATES _ No 08–1191 _ ROBERT MORRISON, ET AL., PETITIONERS v NATIONAL AUSTRALIA BANK LTD ET AL ON WRIT OF CERTIORARI TO THEUNITEDSTATESCOURTOF ... judgment SUPREMECOURTOFTHEUNITEDSTATES _ No 08–1191 _ ROBERT MORRISON, ET AL., PETITIONERS v NATIONAL AUSTRALIA BANK LTD ET AL ON WRIT OF CERTIORARI TO THEUNITEDSTATESCOURT OF...
... Council is a separate Court from theSupremeCourtoftheUnited Kingdom but its permanent Judges are the Justices oftheSupremeCourtThe JCPC is theCourtoffinal appeal for the UK Overseas Territories ... Scotland TheCourtof Appeal, Civil Division TheCourtof Appeal, Criminal Division (in some limited cases) the High Court The Inner House oftheCourtof Session Northern Ireland TheCourtof ... ANNEX C Jurisdiction ofthe UKSC The jurisdiction ofthe UKSC is the same as that ofthe Appellate Committee ofthe House of Lords, with the addition of devolution matters These issues were formerly...
... infringement ofthe Free Exercise Clause ofthe First Amendment oftheUnitedStates Constitution, which applies to Missouri through the Amici submit this brief amici curiae with the consent ofthe parties ... consent has been filed with theCourt -1- Fourteenth Amendment oftheUnitedStates Constitution, and Section of Article I ofthe Bill of Rights in the Missouri Constitution The First Amendment provides ... interest, the Teen Assistance Ban must be declared unconstitutional under the First Amendment oftheUnitedStates Constitution and the Bill of Rights ofthe Missouri Constitution CONCLUSION For the...
... resident critical ofthe proposed development, explained that the project would retain the historic house and most ofthe property’s front yard, as the new building would be to the rear ofthe site He ... should have performed between the award ofthe HUD grant in November 2003 and the approval ofthe May draft agreement As remedy for the CEQA violation, theCourtof Appeal remanded with directions ... approval ofthe draft agreement on May 3, 2004, and the city manager’s execution ofthe revised agreement on August ofthe same year constituted approval ofthe 1343 Laurel project for purposes of...
... prove the truth ofthe 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 Thecourt did not analyze whether ... dimensions of this rule 8600 UNITEDSTATES v BONDS the declarant was authorized to speak based on the nature ofthe relationship between the party and the declarant, or based on the nature ofthe task ... 1982) In these cases, the scope of authority was much narrower than in the cases where the role ofthe declarant—i.e., the nature ofthe relationship—was to speak for the party against whom the statement...
... cancellation ofthe remaining loan balance in the event of theft or total destruction ofthe collateral for the loan minus the proceeds of any insurance maintained on the collateral for the loan ... balance as the purchase price ofthe vehicle (the "amount financed"), divided by the total number of payments, and then multiplied by the number of payments remaining after the loss ofthe vehicle ... national bank of a RIC that the parties voluntarily elected to be governed by the CLEC bound the national bank to the terms ofthe CLEC We stated in Epps, "This Court and theSupremeCourt have...
... decision The panel further held that the National Bank Act preempts the application ofthe * This summary constitutes no part ofthe opinion ofthecourt It has been prepared by court staff for the ... would frustrate the purposes ofthe FAA The overarching purpose ofthe FAA, evident in the text of §§ 2, 3, and 4, is to ensure the enforcement of arbitration agreements according to their terms ... WELLS The district court found not only a violation ofthe “unfair” prong ofthe Unfair Competition Law with regard to the posting order, but also a violation ofthe “fraudulent” prong ofthe Unfair...
... under the CWA the EPA is required to exercise its judgment even in the face of some scientific uncertainty TheSupremeCourt has recognized this dimension of EPA decisionmaking in the context ofthe ... opinion The EAB carefully addressed each ofthe arguments ofthe parties to this appeal, as well as those of seven other entities, including thestatesof Massachusetts and Rhode Island The Board's ... b by theThe nitrogen limit the EPA chose record and within the zone ofThe District's challenges to the limit fail CLF's Challenges CLF does not challenge the EPA's reliance on either the RIDEM...
... and that use of Battle.net is subject to the terms ofthe 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 ... 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 ofthe Battle.net Terms of Use is expressly ... use ofthe Battle.net mode feature ofthe game Each time a user logs onto Battle.net, a Battle.net server examines the user's version ofthe game software If a Blizzard game does not have the...
... protect the interests of all class members, as they are members ofthe class and their claims are typical ofthe claims of all class members Plaintiffs are incensed by the treatment they have ... rejected the home loan applications of many dozens of African-American applicants because of their race or color, and/or because ofthe racial composition ofthe neighborhoods in which their properties ... had their loan applications rejected on the basis of their race or color, or because ofthe racial composition ofthe neighborhoods in which their properties were located, or both, pursuant to the...
... Opinion oftheCourt V For these reasons, the judgment oftheCourtof Appeals is reversed It is so ordered 16 LOZMAN v RIVIERA BEACH Opinion oftheCourt Appendix to opinion oftheCourt APPENDIX ... SUPREMECOURTOFTHEUNITEDSTATES _ No 11–626 _ FANE LOZMAN, PETITIONER v THE CITY OF RIVIERA BEACH, FLORIDA ON WRIT OF CERTIORARI TO THEUNITEDSTATESCOURTOF APPEALS FOR THE ... SUPREMECOURTOFTHEUNITEDSTATES _ No 11–626 _ FANE LOZMAN, PETITIONER v THE CITY OF RIVIERA BEACH, FLORIDA ON WRIT OF CERTIORARI TO THEUNITEDSTATESCOURTOF APPEALS FOR THE ELEVENTH...
... Special Attorney, Office ofthe Attorney General for the State of Mississippi, Jon Cumberland Bruning, Attorney General, Office ofthe Attorney General for the State of Nebraska, Katherine J Spohn, ... the merits of this complex case, as the dissent urges 10 Once EPA sets a NAAQS and designates nonattainment areas within the States, the lead role shifts to theStatesTheStates implement the ... among the upwind States in proportion to the size of their contributions to the downwind State Otherwise, one upwind State would be forced to “share the burden of reducing other upwind states ...
... within the[ ] illustrations [enumerated in § 560.2(b)]: they are initial charges and the task of preparing the documents is part ofthe process of originating the loan.” Brief ofthe Office of Thrift ... the case, the entire action is 'deemed to arise under the laws oftheUnitedStates' and is within the original jurisdiction ofthe district court. " Id at 1067 (quoting § 1441a(a)(11)) The language ... prejudice of his claims against the FDIC pursuant to Rule 41(a)(2) ofthe Federal Rules of Civil Procedure The second was filed by the remaining homeowners who sought remand of their appeals to the...
... removed the cases to theUnitedStates 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 ... 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 these cases ... In 2006, the trial court dismissed plaintiffs’ claims on the ground that they were barred by the statute of limitations But in 2009, the Maryland Courtof Appeals reversed, permitting the cases...
... to the defense of fair use We proceed through an analysis ofthe statutory factors Purpose and Character ofthe Use The first factor in the fair-use analysis, the purpose and character ofthe ... profit/nonprofit distinction is not whether the sole motive ofthe use is monetary gain but whether the user stands to profit from exploitation ofthe copyrighted material without paying the customary ... this is the result of a deliberate choice on the part ofthe copyright owner”) Nonetheless, the personal interests ofthe author are less compelling with respect to the withdrawn work; the author...
... challenges to the Endangerment Finding, the first ofthe series of rules EPA issued after theSupremeCourt remanded Massachusetts v EPA In the decision ordering the remand, theSupremeCourt held ... General, Office ofthe Attorney General for the State of Nebraska, Katherine J Spohn, Special Counsel to the Attorney General, Wayne Stenehjem, Attorney General, Office ofthe Attorney General for the ... General, Office ofthe Attorney General for the State of Utah, and Kenneth T Cuccinelli, II, Attorney General, Office ofthe Attorney General for the Commonwealth of Virginia were on the briefs...
... and others), ships, distributes, offers for sale, sells, and advertises its products and offers its products and services in theUnited States, the State of Texas, and the Eastern District of Texas ... District of Texas JURISDICTION AND VENUE 10 This is an action for patent infringement arising under the patent laws oftheUnited States, Title 35, UnitedStates Code Jurisdiction as to these claims ... service of process Rackspace makes, distributes, and uses storage and software products, and offers storage and software services, to consumers in theUnitedStates and, more particularly, in the...