Sentences with phrase «new issues on appeal»

Criminal Law: New Issues on Appeal R. v. Mian, 2014 SCC 54 (35132) Appellate courts have discretion to raise a new issue, but only in rare circumstances, and only when failing to do so would risk an injustice.

Not exact matches

The Disciplinary Committee, which handles coach / staff appeals, rejected an appeal of the dismissal issued to New York City FC head coach Patrick Vieira on Aug. 13 after a match against Columbus Crew SC.

Meanwhile, the BBC understands that another of the suspected attackers — pictured in a new French police appeal issued on Sunday — arrived in Greece under the name of M al - Mahmod.

Jonathan Lippman, who was chief judge of the state Court of Appeals from 2009 through last year, has joined the New York office of Latham & Watkins LLP, where he will provide expertise on state law and appellate matters while remaining a high - profile advocate on the public policy issues.

The National Restaurant Association successfully persuaded an appeals court to issue a temporarily stay on a controversial rule requiring chain restaurants in New York City to alert customers to the high - sodium food that they serve, a day before the rule was scheduled to go into effect.

(CNN)- A federal appeals court issued an injunction Thursday to allow the name of former Olympic star Carl Lewis to remain on the ballot for the June 7 Democratic primary for a New Jersey state Senate seat.

But Sabatino said the Court of Appeals, New York's highest court, already had ruled on the issue.

OSSINING, NY — As part of efforts to craft legislation raising the age of criminal responsibility from 16 to 18, Senators David Carlucci (D - Rockland / Westchester) and Jeff Klein (D - Bronx / Westchester) held a roundtable discussion keynoted by the Honorable Jonathan Lippman, former Chief Judge of the New York State Court of Appeals who has been an outspoken advocate on the issue.

The Privy Council as New Zealand's highest court of appeal was replaced by the Supreme Court of New Zealand by a simple Act of Parliament despite calls from New Zealand First, National and ACT for a referendum to be called on the issue.

Although based on Lamberth's previous rulings in the case, he seems likely to rule in favor of the plaintiffs and issue a permanent injunction, Robertson predicts that stay or a new version of it would remain in place while the decision is appealed.

The highest court in New York State is the Court of Appeals, which would be the bench that would next rule on this issue, should NYBOR and NYSED appeal, as they promised they would.

With the new emphasis on empowerment, this issue of broad appeal has mostly disappeared.

The new trial court stated: «The only scenario likely to cause further delay of concern to Plaintiff is the possibility that the Court of Appeals will not rule on the jurisdictional issue or on the merits, but will dismiss the appeal as moot, concluding that the trial court should not have denied the motions to dismiss the first complaint after the Plaintiff had filed his amended complaint.»

replete with such language: it disdains the district court's «abrupt handling» of Appellant's first case; sarcastically refers to Appellant's previous counsel's «new - found appreciation for defendant's mental abilities;» criticizes the district court's «oblique language» on an issue unrelated to this appeal; states that the district court opinion in Jones «revealed a crabby and complaining reaction to Project Exile;» insinuates that the district court's concerns «require -LSB--RSB- a belief in the absurd that is similar in kind to embracing paranormal conspiracy theories;» and accuses Appellant of being a «charlatan» and «exploit [ing] his identity as an African - American.»

In July, she issued a certificate of appealability, a formality that allows Trenkler to appeal her ruling on a new trial to the 1st U.S. Circuit Court of Appeals, which he plans to do.

On April 25, 2016, the U.S. Court of Appeals for the Second Circuit reversed the District Court's decision and restored the suspension issued by NFL Commissioner Roger Goodell to New England Patriots» quarterback Tom Brady in the «Deflategate» scandal

However, all of this changed last year when the Ontario Court of Appeal released its decision in Joseph v. Paramount Canada's Wonderland, 1 a case in which, under Ontario's new Limitations Act, the plaintiff's attorney failed to issue the statement of claim within the limitation period.2 The Court of Appeal unanimously eliminated any discretion that the court had to extend limitation periods based on «special circumstances» and held, subject to only a few exceptions, that the expiry of the two - year limitation period in Ontario is a complete bar to a lawsuit.

An appeal court in New York has issued an important ruling on the issue of whether a woman who relocates to another state while she is pregnant is barred from having a future custody case being heard in the new locatiNew York has issued an important ruling on the issue of whether a woman who relocates to another state while she is pregnant is barred from having a future custody case being heard in the new locatinew location.

«The Supreme Court has spoken several times on this issue but the courts of appeal never really got it, until now,» said Mark S. Arisohn, of Labaton Sucharow in New York and Adelson's attorney.

Unanimously allowing the appeal, nothing in s 103 (2) or (3)(or in the underlying provisions of article V of the New York Convention) provides a power to make an enforcing court's decision on an issue raised under these provisions conditional on an award debtor providing security in respect of the award.

As the ERT is permitting appellants to relitigate the same issues for each new wind farm, three more REA appeals on similar grounds are also scheduled on the Environmental Review Tribunal's Hearings List for this year: Gilead Power's Ostrander Point wind project, Northland Power's Manitoulin Island wind farm, and Capital Power's Port Dove and Nanticoke Project, and three new appeals were filed January 4.

In an opinion issued Friday, Richmond v. New Hampshire Supreme Court Committee on Professional Conduct, the 1st U.S. Circuit Court of Appeals sided with the two lower courts.

Pennsauken, NJ (Law Firm Newswire) June 12, 2017 — An appeals court has issued a ruling stating that the Division of Workers» Compensation Board has jurisdiction over the case of a New Jersey resident, Keith Williams, who accepted an employment offer in New Jersey, but was injured on a jobsite in New York state.

In addition to providing an overview of new accident benefits arbitration process under the License Appeal Tribunal (LAT), which came into effect on April 1, 2016, Michelle will share valuable anecdotal discussion of what counsel have experienced so far on both sides, such as evidentiary and production issues at the case conference stage and before a hearing, what evidence adjudicators are looking for or emphasizing, the format of the hearing (written, oral, hybrid), witness issues, etc..

After deciding the case six to one against the New Zealand Maori Council, the court of three judges then refused leave to appeal to the Privy Council on the grounds that the issue was not of sufficient public importance to warrant leave!

281 (1) After the Licence Appeal Tribunal issues a decision, the insurer shall not reduce benefits to the insured person on the basis of an alleged change of circumstances, alleged new evidence or an alleged error except as provided under this section.

Notable mandates: Acting for the Government of Newfoundland and Labrador regarding the development and financing of the Muskrat Falls Hydroelectric Project, also known as the «Lower Churchill Project»; acting for the Government of Newfoundland and Labrador concerning the development and operation of the Hebron offshore oilfield project and the Hibernia South oilfield expansion project; acting for developers and placing financing on new hotel developments in downtown St. John's; defending class action claims involving product liability and taxation issues at a certification hearing and a common issues trial and appeal; acting for mining corporations involved in large - scale mine development projects in Labrador

But, the new DA disagreed with the legal analysis and / or position taken in the case by the old DA and the trial judge, and concluded that the sentence was invalid and that she would lose on appeal (the issue concerned the application of a recidivist sentencing statute in Colorado to cause a minor offense to have a very long sentence).

Then, voila, the Court of Appeal released a new decision on the same issue in late February (Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158)-- but with a different result, and no mention of Oudin.

(Order, p. 2) As the court notes in its summary of the order, an acquittal can issue either when a jury returns a not - guilty verdict, or «when a trial court grants a defendant's new trial motion for evidentiary insufficiency... or dismisses a case... for evidentiary insufficiency» (Id., pp. 2 — 3) The essence of the court's decision is in two parts: (1) The new trial motion should not have been granted because there was sufficient evidence to convict Mr. Stern on counts of conspiracy; and (2) Because the trial court did not rule on the majority of the issues raised in Stern's motion for a new trial, those issues have yet to be decided, and should be addressed on remand by the court of appeals.

Earlier, among other matters, he obtained a full defense jury verdict as lead trial counsel in a case on behalf of the New York City Law Department; served as lead counsel in an appeal where the court vacated a first degree robbery conviction of a client on the basis of ineffective assistance of counsel (People v. Cyrus, 48 A.D. 3d 150 (1st Dept. 2007)-RRB-; and was co-lead counsel on the submission of an amicus brief on First Amendment issues with the United States Supreme Court.

Until now, there were opposite findings from the Nova Scotia and New Brunswick Courts of Appeal on this issue of deductibility.

He has been involved in more than 40 insurance - related appeals, including recently successfully arguing the first Hurricane Sandy - related insurance coverage case heard by the New Jersey Supreme Court and a case in the First Circuit establishing the law on critical issues of liability insurance coverage.

Among the issues that Wal - Mart raised on appeal was whether California's «new right - exclusive remedy» rule bars a punitive damage award in a wage and hour case.

There are two practice points to take note of from this decision: (1) even though it is not in the Rules, the Divisional Court has an «administrative practice» that counsel should be aware of that requires leave to file a reply factum, and (2) when a party is drafting their factum, they need to anticipate what the other side might say in response - unless it is a completely «new» issue raised in response, a moving party on a leave to appeal motion will not be able to respond to the particular arguments made by the other side.

Given the many developments in this area over the last year, including the various pronouncements related to this issue by the Ontario Court of Appeal, employers that have not already done so would be well advised to turn their minds to ensuring that their termination clauses in employment agreements for existing and new employees are enforceable and will achieve the desired result on termination of employment.

The Ontario Court of Appeal is hearing its first case on this issue this fall, in which three defendants convicted of murder are seeking a new trial.

In this issue: New CIETAC Rules: 1 January 2015; Enforcing an arbitration award against a non-party: a recent English case; Singapore Court of Appeal continues to support non-interventionist approach to arbitration; The New York Convention 1958 half a century on: is it still effective?

But the really exciting part is integrating those data to draw new insights — for example comparing judge tendency to affirm or reverse on findings, or refining an estimation of success on an appeal issue by focusing only on similar business - debtor, Chapter 11 cases.

The test, as the majority judgment and the dissent agree is that there must be enough evidence in the file to allow the appellate court to rule on the new issue, and the failure to raise it at first instance can not be the result of a strategic choice by the party that seeks to raise it on appeal.

«The fact that DOAR is advising clients as experts at the highest levels on cutting edge legal issues is what most appealed to me,» says Britton of his new position.

Last week, in R. v. Cloud, 2014 QCCA 1680, a split judgment from which Chief Justice Nicole Duval Hesler dissented, the Court denied leave, saying that the case did not meet the narrow criteria for raising a new (constitutional) issue for the first time on appeal.

The plaintiffs appealed, asking this court to order a new trial on the issue of the liability of Vicentini and Ford Credit and increase the damages for future care costs.

The Leahy - Smith America Invents Act (AIA), enacted in 2011, established new post-grant proceedings available on or after Sept. 16, 2012, for challenging the validity of issued U.S. patents before the U.S. Patent Trial and Appeal Board.

[1] The primary question on this appeal centres on the issue of an appellate court's ability to raise new grounds of appeal and the considerations which should guide the court in doing so.

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On appeal UBS submitted that, since HSH's misrepresentation claim in the New York proceedings concerned the issue and transfer of the Kiel Notes, the Dealer's Confirmation was the agreement by which HSH invested in the transaction and accordingly the misrepresentation claim would clearly fall within the Dealer's Confirmation jurisdiction clause.

In light of the agreement of counsel as to the issue to be argued before the Second Motion Judge, this appeal falls to be determined on whether or not the Second Motion Judge erred in concluding that the amendments to the statement of claim did not constitute a new cause of action.

The Divisional court allowed Walsh's appeal concluding that the «D - «grade was defamatory and ordered a new trial on the issues of fair comment, malice and damages.

As detailed in this new Reason piece, headlined «Ross Ulbricht Files Appeal to the Supreme Court on His Life Sentence Without Parole: Silk Road founder's appeal stresses the dangerous Fourth and Sixth Amendment implications of his prosecution and sentencing,» a notable federal criminal defendant is bringing some notable issues to the Supreme Court via a new cert petAppeal to the Supreme Court on His Life Sentence Without Parole: Silk Road founder's appeal stresses the dangerous Fourth and Sixth Amendment implications of his prosecution and sentencing,» a notable federal criminal defendant is bringing some notable issues to the Supreme Court via a new cert petappeal stresses the dangerous Fourth and Sixth Amendment implications of his prosecution and sentencing,» a notable federal criminal defendant is bringing some notable issues to the Supreme Court via a new cert petition.