To read an earlier Letter of the Law summary of
the appellate court opinion in this case, click here.
First, readability scores for federal
appellate court opinions and state supreme court opinions were similar.131 Second, readability scores from U.S. Supreme Court opinions were lower than opinions from the other courts.132 Third, briefs from U.S. Supreme Court cases had lower readability scores than briefs from the other courts.133 Finally, at the U.S. Supreme Court level, the opinion readability scores were significantly lower than the brief readability scores.134
There are forums for every state appellate court and state appellate judge, and forums for state
appellate court opinions.
There are forums for every court and judge in the federal judiciary, as well as forums for federal judicial nominees (here is the forum for John Roberts) and federal
appellate court opinions.
I said, «90 % of the federal
appellate court opinions are unpublished opinions.
Of note, both the trial and
appellate court opinions upheld the enforceability of exculpatory provisions in the LLC agreement pursuant to Delaware's strong public policy favoring freedom of contract in LLC agreements.
As more and more counties are adopting mandatory mediation, at least on the family court side, there is a compelling need for attorneys to have more than a passing knowledge of the ADR Rules, especially if the Rules are being cited with more frequency in
appellate court opinions.
Not exact matches
Results will include
opinions issued by the SEC and federal
appellate courts that relate to FINRA disciplinary actions that have been appealed.
Noonan wrote a dissent from the
appellate court's
opinion that the firm could not require its employees to attend company prayer services, even though the owners allowed them to sleep, read, or otherwise ignore the service so long as they were present.
«Finally, you are to please ensure that the judgment you pass on the accused person will stand the test of
appellate court, public
opinion and above all, that of the Almighty Creator.
The FEC on Sept. 16 issued an advisory
opinion saying Martins could go back to those donors for a third $ 2,700 maximum for the Oct. 6 primary, but the next day the
appellate court scrapped the unsual third election.
The
appellate court agreed with the trial
court's May 2016
opinion finding that Florida's system of free public schools satisfies constitutional requirements, and opined that plaintiffs» claims «either raise political questions not subject to judicial review or were correctly rejected on the merits.»
In fact, considering the volume of the
opinion dedicated to it, the company stock accounting may well have been the most compelling triable issue of fact for the
appellate court.
«The immediate cause of these lower returns is undisputed: Fidelity allocated MIP investments away from higher - return, but higher - risk sectors (e.g., corporate bonds, mortgage pass - throughs, and asset - backed securities) and toward treasuries and other cash - like or shorter duration instruments,» the
appellate court wrote in its
opinion.
In that ruling, the
appellate court relied on a 2nd U.S. Circuit Court of Appeals opinion that since the plan terms did not require or encourage fiduciaries to invest primarily in employer stock, the presumption of prudence did not a
court relied on a 2nd U.S. Circuit
Court of Appeals opinion that since the plan terms did not require or encourage fiduciaries to invest primarily in employer stock, the presumption of prudence did not a
Court of Appeals
opinion that since the plan terms did not require or encourage fiduciaries to invest primarily in employer stock, the presumption of prudence did not apply.
The website that posts
opinions of Massachusetts
appellate courts was shut down this morning because no one renewed the site's domain name.
The site's founder, Harry Zeitlin, tells me that they have already collected a large number of state supreme and
appellate court briefs and matching
opinions, which they are actively adding to the database.
Posts cover cases before the U.S. Supreme
Court, and blogger Lyle Denniston also writes a «constitution check» series of posts in which he investigates assertions made about the constitution in the media and
appellate opinions.
Starting in 2011, Public.Resource.Org, an organization devoted to putting government documents in the public domain, will begin a weekly release of HTML versions of all slip and final
opinions of the
appellate and supreme
courts of all 50 states and the federal government.
The latest
appellate iteration of the Procter & Gamble versus Amway spat today produced a lengthy
opinion from the U.S.
Court of Appeals for the Tenth Circuit.
And so it is with Google's entry into the legal research field with its announcement yesterday that Google Scholar now allows users to search full - text legal
opinions from U.S. federal and state
appellate and trial
courts.
For example, Michael Murray used manual review and coding to study the use of parentheticals in 200 federal
appellate court briefs and 107 Supreme Court opinion
court briefs and 107 Supreme
Court opinion
Court opinions.256
The
appellate court partially reversed, in a 3 - 0
opinion authored by Justice Moore.
See also the majority
opinion at page 11: «Given our explanation in Booker that
appellate «reasonableness» review merely asks whether the trial
court abused its discretion...»
Rather, it merely proves that the different regional federal
appellate courts follow somewhat different rules governing the order in which the judges on the three - judge panel that decided the case are listed on an
opinion.
The book is a «how - to» guide for drafting all types of documents common to trial and
appellate courts, including bench memos, orders, findings of fact and conclusions of law, jury instructions, statements of reasons for imposing sentence,
appellate opinions, correspondence, and speeches.
Earlier this month, one state's
appellate court issued a written
opinion in a medical malpractice case that required the
court to determine whether the single doctor named as a defendant should be able to introduce evidence that there had originally been several other doctors named as defendants, but they had all settled with the plaintiff before the case reached trial.
Earlier this month, a state
appellate court issued a written
opinion in a personal injury case that raises interesting and important issues for Florida slip - and - fall accident victims.
The article focuses on
appellate - level
opinions, while the book includes
opinions at all
court levels.
We have appeared in hundreds of matters in various
appellate courts resulting in hundreds of published
opinions.
Earlier this month, a state
appellate court issued a written
opinion in a personal injury case that illustrates the importance of following all procedural and
court rules in South Florida medical malpractice cases.
He claims that because one of the major functions of
appellate courts is law development;
opinions are properly written more like the rules found in statutes so that the public can better follow the law and lawyers can better predict how a
court will rule.
Michael Murray studied rhetorical uses of parentheticals in federal
appellate briefs and
opinions.110 He drew a cross-sectional sample of briefs filed in several
appellate courts from February through July of 2011.
Recently, a state
appellate court issued a written
opinion in a personal injury lawsuit that was filed against a Florida nursing home.
Their independent variable was readability, as measured by the Flesch Reading Ease score calculated by Microsoft Word.127 For federal
appellate and state supreme
court briefs, the researchers coded control variables for federal or state
court, standard of review, presence of a dissenting
opinion (present or absent), and readability of the
opinion deciding the appeal.
At the end of the
opinion, the
appellate court dealt with the argument that the application of the privilege to billing records would «wreak havoc» on the procedures for submitting substantiation in support of a fee request.
Earlier this month, an
appellate court issued a written
opinion in a nursing home case brought by the surviving loved ones of a woman who died while in the care of the defendant nursing home facility.
There are so many areas of South Carolina law that could use precedential analysis by our
appellate courts that the act of depublishing
opinions is almost perverse.
Depending on the
appellate court's ruling, the trial
court may rehear the case to deal with specific issues addressed in the
appellate opinion.
Earlier this month, an
appellate court in Georgia issued an
opinion in a personal injury case that discusses principles that often arise in Florida medical malpractice cases and other personal injury cases.
Earlier this month, a federal
appellate court issued an
opinion dismissing a plaintiff's appeal based on the plaintiff's failure to object to an alleged error at trial.
A Case Comment describes and analyzes a recent important
appellate court decision and concludes by offering
opinions as to the decision's probable impact on future cases.
Earlier this month, an
appellate court in Georgia issued a written
opinion in a premises liability lawsuit brought by a number of people who were injured when the rear deck of a home owned by the defendant and rented to several of the plaintiffs disconnected from the home and fell to the ground.
A dozen judges (nine federal judges) have used it, including in
opinions for the Fifth Circuit, the Supreme
Court of Kentucky, several federal district
courts and state
appellate courts.
Earlier this month, an
appellate court in California issued a written
opinion holding that a wrongful death lawsuit filed by the father of a young man killed while skateboarding was properly dismissed below because the young boy assumed the risk of the dangerous activity in which he was engaging when he suffered his fatal injury.
So what do Sotomayor's
appellate opinions on the 2nd U.S. Circuit
Court of Appeals tell us about how her trial court experience shaped her rulings on expert witness is
Court of Appeals tell us about how her trial
court experience shaped her rulings on expert witness is
court experience shaped her rulings on expert witness issues?
Currently, Google Scholar allows you to search and read published
opinions of US state
appellate and supreme
court cases since 1950, US federal district,
appellate, tax and bankruptcy
courts since...
Until last year, Georgia
appellate opinions were conveniently offered through a single Web site — and one which was, I believe, an official
court site.
Although the
opinion starts off as a criticism of the district
court for not properly evaluating the factual dispute over whether the employer had properly adopted its computer usage policy, the
appellate court went on to proclaim the preeminence of the attorney - client privilege over employers» computer usage policies.
In my
opinion, it's perfectly reasonable to focus on the cases in which the
appellate decision actually came down (i.e., the completed experiments), implicitly assuming that the affirmance and reversal rates would have been more or less the same if all other decisions had been reviewed by the appeals
court.