FAA Section 3 provides that, once a court determines that a dispute must be arbitrated, the court “shallon application of one of the parties stay the trial of the action until” conclusion of the arbitration. 9 U.S.C. § 3 (emphasis added). Most circuits addressing the question have det...
The Supreme Court has held that this provision guarantees the President a certain degree of control over executive officers; the President must have adequate power over officers' appointment and removal.18 Myers v. United States, 272 U.S. 52, 117 (1926). Only then can the People, to whom ...
Volume 1 of 2 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOHN DOE, a minor, by his mother and next friend, Jane Doe, Plaintiff-Appellant, and JOSEPHINE HELELANI PAUAHI RABAGO, Intervenor, No. 04-15044 v. KAMEHAMEHA SCHOOLS/BERNICE D.C. No. CV-03-...
as here, a claimant has made a sufficient showing of interest in the property through filing with the court a motion and accompanying affidavits, technical noncompliance with the procedural rules governing the filing of claims may be excused. See United States v. United States Currency in the Am...
FILED United States Court of Appeals Tenth Circuit August 3, 2012 PUBLISH Elisabeth A. Shumaker Clerk of Court UNITED STATES COURT OF APPEALS TENTH CIRCUIT VICTOR WAYNE HOOKS, Petitioner-Appellant, v. RANDALL G. WORKMAN, Warden, Oklahoma State Penitentiary, Respondent-Appellee. Nos. 03-6049, ...
SUPREME COURT OF THE UNITED STATES ___ No. 21–1168 ___ ROBERT MALLORY, PETITIONER v. NORFOLK SOUTHERN RAILWAY CO. ON WRIT OF CERTIORARI TO THE SUPREME COURT OF PENNSYLVANIA, EASTERN DISTRICT [June 27, 2023] JUSTICE GORSUCH announced the judgment of the Court and delivered the opinion of...
circuits assigned to them. This obligation of circuit riding was later to interfere seriously with the performance of the court's more important business. For the most part the full bench—sitting first in New York City, then in Philadelphia, finally in Washington—was a court of last resort ...
Case: 21-1849 Document: 95 Page: 1 Filed: 06/16/2023 United States Court of Appeals for the Federal Circuit ___ IDEKER FARMS, INC., ROBERT ADKINS, JR., ROBERT ADKINS, SR., ESTATE OF BETTY AD- KINS, ESTATE OF ROBERT ADKINS, SR., KEN AD- KINS, DBA ROBERT ADKINS & SONS PARTNERSHI...
II The standard of review in this case is abuse of discretion in both the United States Courts of Appeals for the Federal and Seventh Circuits. See Rick's Mushroom Serv., Inc. v. United States, 521 F.3d 1338, 1342 (Fed. Cir. 2008) ("We review a denial of a request for additional...
this case en banc to rectify the panel majority's error and ensure that Federal Circuit precedent on the application of the URA is in accord with its terms and Supreme Court precedent, and not in conflict with all eleven circuits which have addressed proportionality under fee-shifting statutes....