Sentences with phrase «appeals judges wrote»

Overturning a lower court's decision that ruled that the laws unconstitutionally limited access to abortion in the state, New Orleans - based 5th Circuit Court of Appeals judges wrote, «on its face does not impose an undue burden on the life and health of a woman.»

And later the appeal judge wrote:»... the ability to apply for a variation of support under the Family Law Act is not limited to persons who are currently married.»

Concerning the $ 50,000 awarded for lost profits, the Court of Appeal judges wrote: «The respondent failed to prove any lost profits... The respondent's financial statements to which we were referred in oral argument... do not provide any basis upon which an assessment of the respondent's loss of potential profiles in the Burlington area could be made.

Not exact matches

In his decision today, Judge Thomas B. Griffith, a George W. Bush appointee for the U.S. Court of Appeals for the D.C. Circuit, writes:

«The government has not met its burden of showing likelihood of success on appeal on its arguments with respect to the due process claim,» the judges wrote.

7th US Circuit Court of Appeals nominee Amy Coney Barrett, a Notre Dame law professor, was questioned intensely about her Catholic faith as a result of past writings expressing her beliefs on whether Catholic judges should recuse themselves from death - penalty cases if they believed they would be unable to impartially uphold the law, writing that — in limited situations — judges should step back in cases that conflict with their personal conscience.

In a majority opinion written by Judge Christopher F. Droney, the appeals court said the Barry Diller - backed Internet company does not appear to violate copyright law because subscribers are assigned to their own tiny antennas at Aereo's Brooklyn data centre.

«Appellants sustained their burden of showing injury by alleging that they paid artificially fixed higher prices,» Circuit Judge Dennis Jacobs wrote for a three - judge appeals court pJudge Dennis Jacobs wrote for a three - judge appeals court pjudge appeals court panel.

Judge Easterbrook, of the Federal Circuit Court of Appeals, wrote a great article about the internet back in the 90s called «Cyberspace and the Law of the Horse.»

When he lost his appeal in 2011, a New Jersey appellate judge wrote, «The largest portion of Mr. Trump's fortune, according to three people who had had direct knowledge of his holdings, apparently comes from his lucrative inheritance.

«No evidence of this belief has been presented,» wrote judge Richard Posner of the Seventh Circuit Court of Appeals.

As a judge in the Tenth Circuit Court of Appeals, Gorsuch wrote a concurring opinion supporting Hobby Lobby's contraception mandate exemption — a ruling ultimately upheld by the Supreme Court.

This situation is nowhere more clearly described in modern literature than in the novels of Franz Kafka: «His unexpressed, ever - present theme,» writes Buber, «is the remoteness of the judge, the remoteness of the lord of the castle, the hiddenness, the eclipse...» Kafka describes the human world as given over to the meaningless government of a slovenly bureaucracy without possibility of appeal: «From the hopelessly strange Being who gave this world into their impure hands, no message of comfort or promise penetrates to us.

In closing above their unanimous signatures is written: «We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions».

The judges at the appeal court in Porto, Portugal's second - largest city, wrote that they were making reference to the Bible and an old law «to stress that a woman's adultery amounts to conduct which society has always condemned and condemned very strongly».

By contrast, after the New Jersey Supreme Court denied Gov. Chris Christie's appeal of a judge's overturning of the state's ban on same - sex marriage, an attempt by state lawmakers to later write a bill with religious protections collapsed under pressure from gay - rights groups.

The apostle Paul makes the very same appeal to «natural» and «unnatural,» in the context of gender roles, when he argues that women should wear head coverings: «Judge for yourself,» he writes, «Is it proper for a woman to pray to God with her head uncovered?

According to CSW, the Administrative Court recently decided to dismiss the case, but the judge had not delivered his written decision, which prevented the churches» lawyers from appealing the decision.

«The Second Circuit's decision in Stevenson further demonstrates why Silver's... argument raises no substantial issue for his appeal,» prosecutors wrote Judge Valerie Caproni.

Court of Appeals Chief Judge Janet DiFiore wrote in her decision that state law makes it clear the vacancy rent increase should be counted when figuring if an apartment has reached the deregulation threshold.

But the judge who handled his corruption trial noted in a ruling earlier this year that his lawyer had asked that Monserrate be sentenced to just probation in both court filings and that Monserrate had signed off on the restitution agreement both in writing and verbally and had also agreed not to appeal when he pleaded guilty.

Hailing the ruling, the New York Times editorial board lambastes Cuomo for threatening an appeal of the judge's rule, writing: «That is political bullying, and the governor should back off and engage with Ms. Teachout as a serious candidate.»

Quoting from the dissenting opinion of the appeals court judge, he writes: «While it may be true that by following the Court of Appeals» conclusion as to the ambiguity of «research,» this Court has become a grudging partner in a bout of «linguistic jujitsu,»... such is life for an antepenultimate court.appeals court judge, he writes: «While it may be true that by following the Court of Appeals» conclusion as to the ambiguity of «research,» this Court has become a grudging partner in a bout of «linguistic jujitsu,»... such is life for an antepenultimate court.Appeals» conclusion as to the ambiguity of «research,» this Court has become a grudging partner in a bout of «linguistic jujitsu,»... such is life for an antepenultimate court.»

The challengers — an alliance of energy and fossil fuel companies and coal - producing states — wanted the court «to do something that they candidly acknowledge we have never done before: review the legality of a proposed rule,» wrote Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit in an opinion unanimously backed by a three - judge pJudge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit in an opinion unanimously backed by a three - judge pjudge panel.

Writing for the appeals court, however, Circuit Judge Catharina Haynes found no showing that a permit ban for «all but a select few» American Indians was necessary.

``... [E] xtracting a gene is akin to snapping a leaf from a tree,» Judge William C. Bryson of the U.S. Court of Appeals for the Federal Circuit wrote.

Jennifer Canada, a spokeswoman for Attorney General Roy Cooper, said his office would review the judge's written order before deciding whether to appeal.

In a 2 - 1 decision written by Judge Edith Jones, the appeals court says a district court had no jurisdiction to let DOJ collect data and monitor the voucher program.

But in both appeals, the Third Circuit judges said school officials may not penalize students for writing or speech that is created and circulated out of school and causes no disruption of school activities.

«As set forth in the memorandum of understanding, any payment to be made by Apple under the settlement agreement will be contingent on the outcome of that appeal,» Steve Berman of Hagens Berman Sobol Shapiro, the plaintiffs» lead lawyer, wrote in a letter to the judge.

On February 6, 2004 the Ninth Circuit Court of Appeals issued a unanimous decision in favor of the HIA in which Judge Betty Fletcher wrote,» [T] hey (DEA) can not regulate naturally - occurring THC not contained within or derived from marijuana - i.e. non-psychoactive hemp is not included in Schedule I.

March, 2016 The Arizona Capital Times wrote that the state Court of Appeals overturned the ruling of a trial judge who said that the University of Arizona did not need to disclose 1,700 emails and other records from Jonathan Overpeck and Malcolm Hughes.

The Globe and Mail had an interesting article recently («The judge who writes like a paperback novelist»)(via How Appealing) about Ontario Court of Appeal Judge David Watt, who has become a bit of a sensation in criminal law circles as the result of a stark transformation in the way he writes his decisjudge who writes like a paperback novelist»)(via How Appealing) about Ontario Court of Appeal Judge David Watt, who has become a bit of a sensation in criminal law circles as the result of a stark transformation in the way he writes his decisJudge David Watt, who has become a bit of a sensation in criminal law circles as the result of a stark transformation in the way he writes his decisions.

Moreover, they have to explain almost every decision they make — many decisions can be appealed, while some trial judges and all appellate judges have to put in writing the reasons for their decisions.

U.S. Circuit Court Judge Kathleen O'Malley wrote for the appeals court, saying: «There is nothing fair about taking a copyrighted work verbatim and using it for the same purpose and function as the original in a competing platform.»

Therein, I wrote: «In my experience, some federal appellate judges will be more reluctant to recuse where the recusal is triggered by an amicus than if the same grounds for recusal involve a party to the appeal.»

Opinion Writing is a classic work by the Honorable Ruggero J. Aldisert, Senior United States Circuit Judge of the United States Court of Appeals for the Third Circuit, and one of the most respected scholars on judicial opinion wWriting is a classic work by the Honorable Ruggero J. Aldisert, Senior United States Circuit Judge of the United States Court of Appeals for the Third Circuit, and one of the most respected scholars on judicial opinion writingwriting.

unless this case goes to SCC it will be of no value to the rest of canada - a newsreel media story on Ivan Henrysaid «the judge intentionally labelled Henry vexatious so he would not have a chance to appeal to SCC - the SCC automatically reject the vexatious» i am trying to figure out how this is done - in my case the ns attorney general defence lawyer had been on my case for years then one week before i sent in my SCC appeal books she wrote me and said she had moved to the SCC office where my books would be ariving!!!!!!! i reported this to the SCC but my complaint was ignored - so did the NSAG lawyer get ahold of my books and change them so SCC judges never seen my arguements - thats how bad they do nt want SLR's to use the courts!!!!!!

In addition to the holidays, I argued at the Fifth Circuit; published two articles at The Huffington Post (here and here); produced a podcast episode on appellate practice for the ABA's Sound Advice series; gave a presentation to the Dallas Bar Association (about the post-election Supreme Court and Trump's list of possible nominees); participated in a panel discussion about e-briefs and legal writing at the annual meeting of the Council of Chief Judges of State Courts of Appeal (in North Carolina); was cited on SCOTUSblog and the Appellate Advocacy Blog (both here and here); and was quoted by Bloomberg (here, here, here, and here), CNN, and the Winnipeg Free Press.

In Brisset v Brisset [2009] EWCA Civ 679, [2009] All ER (D) 94 (Jul) the circuit judge had communicated with the district judge at first in writing and then orally about the substance of an appeal and although this had been disclosed to the parties, it was procedurally improper.

Prisoners who receive ineffective assistance are likely to be spared, «certainly for many years, and frequently forever,» wrote Chief Judge Danny Boggs of the 6th U.S. Circuit Court of Appeals.

And in an appeal to authority, he noted that «[i] n fact, our forthcoming treatise — written with 13 appellate judges — is tentatively titled Caselaw.»

Instead, the Court stated that district court judges were reliable factfinders for scientific or technical disputes, noting that, «A district court judge who has presided over, and listened to, the entirety of a proceeding has a comparatively greater opportunity to gain... familiarity [with technical issues] than an appeals court judge who must read a written transcript or perhaps just those portions to which the parties have referred.»

Recently, I wrote about an Ontario Court of Appeal called Stevens v. Stevens that dealt with a number of issues, among them the question of whether the trial judge's opinion of the husband had been tainted by the fact that the husband had had an extra-marital affair.

PRESENTATION While the written brief plays a key role in setting up the appeal, a case is often won or lost during the initial presentation to the appellate judge and how you stay focused on giving succinct and poignant answers to the most difficult questions.

The trial judge, and later the New Brunswick Court of Appeal, erred by failing to apply the first test for constructive dismissal, which is whether the employer's action constitutes a breach of the employment contract, Wagner wrote.

Earlier last month, the Connecticut Court of Appeals issued a written opinion in a Connecticut car accident case requiring the court to discuss the distinction between a judge's decision whether to admit certain evidence and the weight that evidence is afforded by the fact - finder once admitted.

In December 2015, a committee that reviewed the civil courts structure in the UK issued a report, written by its chair Lord Justice Briggs, judge of the Court of Appeal and deputy head of Civil Justice, recommending the formation of The Online Court, as I wrote about in more detail here.

«On appeal, the appellant appears to maintain his position that the Benchers do not have the authority to entertain a Charter challenge,» wrote Justice Edward Chiasson, on behalf of a five - judge panel.

My vague understanding of appellate law is that a timely notice of appeal compels a judge to make a written answer containing those findings.