Sentences with phrase «on second appeal»

On second appeal, the court determined that in Massachusetts the «single look» approach should be used and affirmed the decision of the trial court.

This week, on her second appeal, the supreme court reached the merits and issued an opinion affirming the grounds supporting her conviction.

Led on a second appeal in the Court of Appeal, which is now the leading case concerning the meaning of «insolvency» in the context of avoidance claims.

On the second appeal point, the Court of Appeal concluded that the first - instance approach had been wrong:

Newcastle Upon Tyne Hospitals NHS Trust v Armstrong [2006] IRLR 124 (Court of Appeal), and on a second appeal, [2010] ICR 674 (EAT) Instructed throughout this long running equal pay case which, on appeal, raised issues of the selection of comparators and the material factor defence in equal pay claims.

If on the second appeal the state board finds that granting the charter is in the public interest, it may reverse and remand to the district board «with instructions to approve the charter applicant.»

Not exact matches

He made a second appeal on the sidelines of the Asia - Pacific Economic Cooperation summit in November last year.

According to data, many users have a 30 - second to one - minute «moment of truth» in which they look for things to watch, and if they don't find something appealing, they move on to doing something else.

On Ash Whitaker's second to last day of high school, he learned that he had won a major civil rights case at a federal appeals court.

A federal appeals court is set to hear arguments on Monday over President Donald Trump's temporary travel ban on people entering the United States from six Muslim - majority countries, the second such court to review Trump's directive over the past week.

Mr. Costolo, a wealthy former entrepreneur who has led Twitter for the last five years, had grown tired of second - guessing by Wall Street, with its focus on the social network's sluggish user growth and its repeated failures to make its products more appealing.

For the second time, the 9th U.S. Circuit Court of Appeals has upheld the State of Montana's limits on political spending.

The trial was originally scheduled for last July, until Florida's Second District Court of Appeal delayed the trial based on a technicality.

On the morning of Thursday, July 2, Florida's Second District Court of Appeal ordered that the trial in Hogan's $ 100 million invasion of privacy suit against Gawker Media be delayed.

Avery continues to appeal his conviction as well, which will be chronicled on the second season of Making a Murderer.

A group of campaigners worried about euthanasia becoming legal demonstrated outside The Court of Appeal on Tuesday as a terminally - ill man began his second... More

All measurement is not measurement of lengths on a straight line; there is a second most important measurement of intervals, independent of such measurement of lengths, the estimation of angles, or, what comes to the same thing, of ratios and arcs of circles to the whole circumference, In point of fact, it is by angular measurement that we habitually estimate temporal intervals, whenever we appeal to a watch or clock, and in the prehistoric past the first rough estimates of intervals within the natural day must presumably» have been made, independently of measurement of lengths, by this same method, with the sky for clock - face.

Most recently, federal courts of appeal for the Second and Ninth Circuits» the latter court relying explicitly on the abortion jurisprudence of Roe and its progeny» have invalidated laws prohibiting physician - assisted suicide in New York and California.

The second argument turned on the fact that the New Testament itself; and more especially Luke, appeals to the testimony of «eyewitnesses and ministers of the word» (Luke 1.2).

Most recently, federal courts of appeal for the Second and Ninth Circuits — the latter court relying explicitly on the abortion jurisprudence of Roe and its progeny — have invalidated laws prohibiting physician - assisted suicide in New York and California.

Topics on day one will appeal to buyers, exhibitors and chefs while the second day's topics will be more broadly appealing to food enthusiasts.

Founded in 2005 in an existing restaurant, Kannah Creek Brewing Co. has since proven its market appeal and built from scratch a $ 4.2 million production facility called Edgewater Brewery with a second restaurant on the banks of the Colorado River.

In Cincinnati's second preseason game, Burfict received a five - game suspension for a hit on Chiefs fullback Anthony Sherman, but that would later be reduced to three after appeal.

The Blues boss is yet to decide whether to appeal a second sanction from The FA, and could see himself banned for this weekend's trip to take on Stoke City.

The football world seemed ready to put this issue to rest, but on Monday morning, the Court of Appeals for the Second Circuit reversed Judge Berman's ruling and ordered the reinstatement of Tom Brady's 4 - game suspension.

Despite his protests, the Welshman's appeal fell on deaf ears as Mike Dean failed to award the spot - kick, leaving Mark Hughes» men with it all to do in the second half to take something from the game.

While the second is technically true, it should be pointed out that defense lawyers have, for years, intentionally run up the cost to the state by presenting multiple appeals, even based on little to no actual legal cause, in order to drive up the cost of death penalty cases.

However, the British team lodged an appeal after second - placed Anastasiya Bazdyreva of Russia stepped off the track in order to pass Iceland's world youth and European junior champion Aníta Hinriksdóttir on the inside in a race won by Switzerland's Selina Büchel in 2:01.92.

The Owls will go into the fixture on a seven match unbeaten streak of form in the second tier, but they have drawn their last four games so the draw in the match outright should have massive appeal.

Overs on the goal line appeals to me given the way Villa opened up in the second half of their cup win last weekend after the half time input from Sherwood.

Marvin Zeegelar had an appeal for the straight red card he received for a two - footed challenge on Steven Defour in a game against Burnley, whereas Tom Cleverley was shown a second - yellow card in the defeat they suffered to Crystal Palace on Tuesday evening.

Even in defeat, as rare as those occurences have been, Bolton have been pleasing on the eye and were even unfortunate; a red card to influential and much sought after centre - half Gary Cahill scuppering their chances of grounding a point out of their away contest with Arsenal when the score was level at 1 - 1, while they had several penalty appeals turned down before seeing Maxi Rodriguez toe - poke one underneath Jussi as Bolton suffered their second undeserved defeat of the season.

After about 30 seconds of serious thought, I couldn't think of any good reason to do the circ — and the thought of inflicting pain on a new born, who's just had all kinds of other stuff done to him, didn't really appeal to me.

We think Bluebell should be given a second chance as it's unique charm and appeal makes it a wonderful and delicate moniker to pass on to your child.

My suit, according to Judge Shira Scheindlin, is one of PATENT THEFT, MURDER & CAR BOMBING (images of car bombing @ http://www.iviewit.tv The Fed Lawsuits NY Second Circuit 08 -4873-cv US Court of Appeals for the Sec Circuit — Bernstein v Appellate Division First Department Disciplinary Committee Capogrosso v NY State Commission on Judicial Conduct Esposito v The State of NY McKeown v The State of NY.

In the case of the Maryland ban on assault rifles the 4th Circuit Court of Appeals held that «we have no power to extend Second Amendment protections to weapons of war».

Silver's conviction on charges that he took payoffs disguised as legal fees in return for using his clout in Albany to benefit developers and a cancer researcher was overturned last year by the Second U.S. Circuit Court of Appeals because of flawed jury instructions.

Last month, the Second U.S. Circuit Court of Appeals reversed Silver's conviction for doing favors on behalf of a cancer researcher and developer who funneled $ 4 million legal referral fees to the former speaker, ruling the jury instructions were wrong and Silver was entitled to a new trial.

The former Lower East Side assemblyman is undergoing a second trial after the first guilty verdict on corruption charges was nullified by an appeals court.

On appeal, the Second Circuit found that the jury instructions were too broad, permitting the juries to convict the defendants of corruption charges on a theory that fell outside the definition of «official act,» which the Supreme Court had provided in McDonnelOn appeal, the Second Circuit found that the jury instructions were too broad, permitting the juries to convict the defendants of corruption charges on a theory that fell outside the definition of «official act,» which the Supreme Court had provided in McDonnelon a theory that fell outside the definition of «official act,» which the Supreme Court had provided in McDonnell.

Disgraced former Downtown power broker Sheldon Silver endured his first day back in court on Monday, as prosecutors try to convince a second jury of the former Assembly Speaker's quid - pro-quo corruption scheme after a prior conviction was thrown out on appeal.

Skelos is the second former legislative leader to win his case on appeal in the past two months, after a U.S. Supreme Court ruling revised the laws under which they were convicted.

The court's denial means a mid-level appeals court's March ruling will stand, upholding the ban on certain semiautomatic firearms included in the SAFE Act, the 2013 gun - control law that riled Second Amendment activists across the state.

Residents of Bayside Hills stood on the lawn of a small corner lot at 50 - 20 216th St. Sunday to protest a variance application that if approved by the city Board of Standards & Appeals, would allow for a second home to be built on the property.

On Friday Silver asked the Second Circuit Court of Appeals to let the Supreme Court weigh in before the Manhattan U.S. Attorney retries his case.

The two men will remain free on bail — potentially for months — until the Second Circuit US Court of Appeals makes its decision in their case.

The Second Circuit Court of Appeals on Thursday threw out the 2015 conviction of former New York State Assembly Speaker Sheldon Silver on honest services fraud because the charge to the jury did not comport with the Supreme Court's 2016 decision in the case of former Virginia Gov. Bob McDonnell, which narrowed the definition of an «official act.»

Silver, whose conviction was overturned on appeal based on that Supreme Court ruling, stands accused — for a second time — of selling his office in exchange for $ 4 million in kickbacks that he received through two law firms with which he was affiliated.

The rhetoric, which President Sarkozy also employed when he was first running four years ago, is partly a result of France's two - part electoral system, which forces candidates to appeal to voters on the extremes of their political wing in the first round before making a pitch for the centre in the second round run - off.

Silver's attorney, Steven Molo, relied on the McDonnell case — which drastically narrowed the definition of corruption — when arguments began before a three - judge panel of the Second Circuit Court of Appeals in Manhattan on Thursday, the New York Times reported.