In an Ontario Court of
Appeal case called Defrancesco v. Coutu, the issue was whether a father should be entirely relieved of having to pay $ 40,000 in unpaid child support arrears that had accumulated over almost a decade.
Although the overall policy behind the BIA would not endorse the wife leaving the marriage with nothing, it was up to federal Parliament to amend the BIA to avoid this kind of outcome in some provinces, a point that was also made years earlier in an Ontario Court of
Appeal case called Shea v. Fraser.
Not exact matches
Separately on Tuesday, a judge for the U.S. Federal Court of
Appeals for the Fourth Circuit, ruled narrowly in favor of the subsidies in a
case called David King.
«The Movants have had ample opportunity to intervene in the multiple
cases challenging the so -
called «Fiduciary Rule» in district courts around the country, in
appeals in two other circuits courts, and in this
appeal, which was decided by this Court more than a month ago,» the filing said.
The Federal Court of
Appeal recently affirmed this approach to environmental regulation in a
case arising out of Alberta
called Syncrude Canada Ltd. v Canada (Attorney General).
The «right to die» and «death with dignity» proposals, while
appealing to excruciatingly painful individual
cases, would have, if they carry the day, what May
calls a «cumulative impact» upon social policy and attitudes.
(Most recently, the D.C. Court of
Appeals issued an important but nuanced ruling in what Religion Clause's Howard Friedman
calls the government's test
case, Gilardi v. HHS.)
Despite attempts to
appeal his
case and ongoing campaigns
calling for his release, Brunson faces an uncertain future in the country where he has pastored for 23 years.
The
appeal is
called Nader v Serody; the
case number hasn't been assigned yet.
The Court of
Appeals said under the separation of powers doctrine, judges can not force prosecutors to bring a criminal
case and
call witnesses.
Menendez is
appealing his
case on the grounds that he is protected by the so -
called «speech or debate clause,» which prohibits prosecutions of congressmen for legislative activity.
In a series of
cases called the Campaign for Fiscal Equality, which lasted from 1995 to 2006, the state's highest court, the Court of
Appeals, found that the state was not providing enough money for New York City, leaving students without access to a «sound basic education.»
When the
case was
called on Monday, counsel to the respondent, Adedipe informed the court of a notice of
Appeal he had filed against the court's ruling as well as a motion for stay of further proceedings.
While the state is
calling on the court to quash a High Court judgement which freed Woyome of any wrongdoing in the GH cents 51.2 million
case, the latter is praying the court to dismiss the state's
appeal.
The U.S. Supreme Court dismissed an
appeal in one of the
cases challenging President Trump's efforts to limit travel to the United States,
calling an earlier version of the ban moot because it has expired.
Rather than
appeal the decision, they re-presented the
case to a new grand jury, a move the Graham family had
called for.
That
case,
called Coalition for Responsible Regulation Inc. et al. v. EPA, combines 16 lawsuits which have all been
appealed from federal district courts.
In
case you found someone
appealing, but you are too afraid to commence communication without knowing that the attraction is mutual, Spark.com lends you a hand with its unique feature,
called Secret Admirer.
In the Buffalo
case, Arthur v. Nyquist, the
appeals court held that seniority - based layoffs, as
called for under a teachers» contract,...
His first response was to
call on Torlakson — who is named in the suit along with other state officers — to resist
appealing the
case.
Since the ruling came down, those who support Paul Vallas, including the various corporate funded education reform groups in Connecticut have complained bitterly,
calling for an
appeal of the
case or an effort to change the law so Vallas can stay on as Bridgeport's superintendent.
Other
cases, such as In re Hornsby out of the United States 6th Circuit Court of
Appeals, have reversed findings of undue hardship, and instead
called for partial discharge of student loan debt, where the debtor's monthly disposable income was less than $ 200 after expenses.
This isn't a
case of the game being simple to jump in to, because that's covered above, but it's about presenting the world as something that
appeals to people who don't even
call themselves gamers.
Environmental activists have launched an urgent
appeal calling for a «just decision» in a court
case that has pitted Aceh's...
On
calls for more guidance on the proportionality rule, he said he expected a «cluster of test
cases» at the Court of
Appeal but this had not happened.
2017), the Virginia Court of
Appeals remanded a divorce
case back to the trial court for a nunc pro tunc («now for then») order granting a divorce from the bond of matrimony for adultery, to correct what the appellate court believed was a clerical error in granting a divorce a mensa et thoro instead, a divorce from bed and board or what the court
called a legal separation.
Julie Green and Howard Cooper obtained a complete affirmance from the U.S. Court of
Appeals for the Third Circuit of a 2008 trial court victory in a
case brought on behalf of Judge Leon A. Kendall of the Superior Court of the Virgin Islands against the judicial conduct commission of the Virgin Islands,
called the Commission on Judicial Disabilities.
Judges started using the new equipment last week to
call up
cases and other
appeal documents directly on - screen during hearings.
• improving the right of pharmaceutical companies to
appeal a loss in certain specialized pharmaceutical patent litigation
cases called «NOC proceedings.»
«While not explicitly recognizing the tort in Trout Point Ltd. v. Handshoe, Hood J. cited Jones... and held that «in an appropriate
case in Nova Scotia there can be an award for invasion of privacy or as the Ontario Court of
Appeal called it, the «intrusion upon seclusion,»» wrote Pickup.
There appear to be about a dozen wiretapping
cases that made it to the court of
appeals in Maryland, and none of them involve implied consent (e.g. where it is announced prior to recording that the
call may or will be recorded — prior is mandatory).
Appeared in Uzinterimpex v Standard Bank [2008] 2 Lloyd's Rep. 456, a major Court of
Appeal case involving allegations of a fraudulent
call by a London bank on an advance payment guarantee, constructive trust and conversion.
The new development is a
case from New York's top Court — the Court of
Appeals —
called «Rodriguez v. City of New York».
That was a question that was addressed in the Court of
Appeal, before the Supreme Court was established, in Attorney - General v E. I referred to that
case and in particular to the dissenting judgment of Thomas J who complained of what he
called the «judicial minimalism», namely «resolving the issue before the Court and nothing more».
Samsung argues that it was Apple's choice to base its» 647 - related arguments on a broader claim construction than the one the Federal Circuit ultimately affirmed (Samsung says «Apple «shot for the moon»»), and «Apple's risk failed» when the
appeals court handed down its opinion in what I always just
call the «Posner
case».
In this
case, which Advocate General Kokott
called «of fundamental importance for future trade relations between the European Union and a number of dynamic emerging countries, such as the People's Republic of China» (AG para. 1), the Grand Chamber of the ECJ dismissed the Council's
appeal of a General Court judgment in favor of the Chinese company.
The Ontario Court of
Appeal, in a recent
case called Frick v. Frick, confirmed that the Ontario Family Law Rules are philosophically different from their civil counterpart, and reflect the unique nature of litigation involving families.
Critical to the decision of the Court of
Appeal was the wording of cl 1 of the lease which set out the term granted in the following way: «from and including 1 January 2003 to 28 September 2004 (hereinafter
called «the term» which expression shall include any period of holding over or extension of it whether by statute or at common law or by agreement)...» Rimmer LJ, who gave the only substantive judgment in the
case, referred to the words in brackets in this clause as «the words of extension».
The Council of Canadians with Disabilities (CCD), the ODSP Action Coalition and the Income Security Advocacy Centre (ISAC) will be at the Divisional Court - Superior Court of Justice to intervene in an
appeal hearing on a
case called Abbey v. Ontario on February 28, 2018.
The first
case is from 1999 is R v Gladue and the other an
appeal in 2012
called R v Ipeelee.
By contrast, the Court of
Appeal in Re S conflates the welfare of a child as witness with those of a child as party (as in Re W): the result of striking the balance between demands of justice and the welfare of the child «may well be that the child should not be
called to give evidence in the great majority of
cases».
The most high profile
case was that of a Leeds woman who was
appealing against a lower court ruling that she could not sue her attacker, so -
called lottery rapist Iowarth Hoare.
Lawyers of a certain age will remember a
case of the British Columbia Court of
Appeal called Vander Zalm v. Times Publishers, where then - Minister of Human Resources for B.C., Bill Vander Zalm, was the subject of a scathing political cartoon drawn by Robert Bierman, depicting Vander Zalm happily pulling the wings off flies.
Mr. Dye is frequently
called upon by other attorneys handling DUI
cases to «ghost write» motions and
appeals as well as assist in preparation for depositions and trials.
(correct test for Barrister
appeals; whether outside the ex improviso rule, prosecutor may
call evidence after prosecution and defence
case closed; use of debarring orders against prosecutor; whether tribunal may «enter the arena» and strongly request the attendance of a prosecution witness; whether BSB has power to summons witnesses; whether prosecutor may communicate with disciplinary judge behind the back of the defence; whether such communication redolent of actual bias of judge where judge wishes prosecutor good luck on
appeal; whether apparent bias doctrine can be engaged by post-trial conduct of judge; legal effect of serving BSB prosecutions department officer being 1 of 4 appointing members of the COIC «Tribunals Appointments Body» (TAB); whether TAB ultra vires the Bar's Constitutions; whether open - ended power of removal of member of COIC pool without cause, unlawful given position of BSB Chair and senior staff on COIC; whether ECHR Article 6 guarantees against pressure on disciplinary judges to conform with a prosecutorial mentality; whether disciplinary judges Art. 6 «independent» within Findlay v United Kingdom given key role of BSB prosecutions department in appointing disciplinary judges; serious non-disclosure by BSB of notes of secret meeting between BSB and disciplinary judge until day before
appeal and despite requests and application for disclosure by defence)
Christian & Small's lawyers often heed the
call to
appeal a products liability
case following an unsuccessful outcome achieved by another firm at the trial level.
As a result, their business model (that's what they
call it) requires them to «move» files (in other words, settle
cases) rather than fight every
case as much as possible — even if that means going to trial, filing an
appeal, or merely waiting to settle the
case until the best tactical moment.
On January 24, 2018, over a month after the court accepted Fantino's
appeal notice, Paolone requested a case conference call with Madam prothonotary Aylen of the Federal Court of Canada — NOT the Federal Court of Appeal where Fantino had filed his
appeal notice, Paolone requested a
case conference
call with Madam prothonotary Aylen of the Federal Court of Canada — NOT the Federal Court of
Appeal where Fantino had filed his
Appeal where Fantino had filed his
case.
«Justices signal dismay at Texas; Decision to hear capital
cases may suggest high court questions handling»: The Dallas Morning News today contains an article that begins, «The U.S. Supreme Court has agreed to hear three Texas death penalty
cases in its new term, a move that veteran court watchers
called the latest signal of the court's increasing frustration with how condemned inmates»
appeals are handled by Texas» highest criminal judges and the 5th U.S. Circuit Court of Appeals.
appeals are handled by Texas» highest criminal judges and the 5th U.S. Circuit Court of
Appeals.
Appeals.»
The Tellabs
case calls on the Supreme Court to resolve a split among federal
appeals courts over how stringent a legal standard shareholders must meet in showing an intent to deceive on the part of companies or executives.