Sentences with phrase «what trial court»

With respect to the negligent misrepresentation claim, buyers might be the prevailing parties based on a broad fees «arising out of» fees clause depending on what the trial court does on remand as far the damages recalculation.

What trial court has jurisdiction to hear a challenge to state laws / actions?

What the trial court described as a «Consent Judgment» was therefore not a Consent Judgment properly so - called.

Not exact matches

Second, and more important, these trials exhibit in exaggerated form what is also happening on a smaller scale throughout the criminal justice system: «Though no avalanche has occurred,» Wilson observes, «the courts are having difficulty keeping their footing on a slope that has become increasingly slippery.»

A witness in a court trial can't testify about what someone told him or what they «heard» from another person.

The trial will also test what remains of federal corruption law after the U.S. Supreme Court weakened it last year.

Pataki pretty much stuck to the GOP line, criticizing the president for entitling «enemy combatants» to Miranda warnings, enabling them to «lawyer up and not talk about what they know»; and going along with US AG Eric Holder's decision to (so far) hold the KSM trial in a civilian court in NYC.

Percoco, Aiello and Gerardi and are on trial in U.S. District Court in Manhattan along with energy company executive Peter Galbraith Kelly, who is alleged to have bribed Percoco by securing what prosecutors have termed a «low - show» corporate education job for his wife, a former schoolteacher.

In an elevator, after court broke for an afternoon break, Keating said, «Is this what this trial has devolved into?»

«It is life, it is politics, it is what happens,» U.S. District Court Judge Joan M. Azrack, who is presiding over the corruption trial of Mangano, former Oyster Bay Supervisor John Venditto and Mangano's wife, Linda, said at one point.

The case, now being deliberated by a jury, is one of the first major public corruption trials in New York since a landmark 2016 Supreme Court ruling significantly narrowed the definition of what actually constitutes public corruption.

He said: «Even though I am not a military officer, but I know that there is what us called orderly room trial or court martial, which military men who erred in the performance of their duties are made to go through.

In reversing McDonnell's conviction, a unanimous U.S. Supreme Court found that instructions to the trial jury about what defines a public official's «official acts» were so broad that they could include almost any action an official might take while in office.

«His presence at the trial is what is paramount according to the Supreme Court, and it should be considered first before the charges,» he told the cCourt, and it should be considered first before the charges,» he told the courtcourt.

A former National Publicity Secretary of the Peoples Democratic Party, Mr. Olisa Metuh, insisted before the Federal High Court in Abuja, on Tuesday, his further testimony in his ongoing trial would be dependent on what former President Goodluck Jonathan would tell the court in respect of the Court in Abuja, on Tuesday, his further testimony in his ongoing trial would be dependent on what former President Goodluck Jonathan would tell the court in respect of the court in respect of the case.

Share this story Leave a comment What others are reading Never compromise on integrity in ADR process — Chief Justice Teacher before court over defilement Grenades suspects to stand trial at the High Court Air Namibia appoints APG Network for West Africa sales Source: myjoyonlincourt over defilement Grenades suspects to stand trial at the High Court Air Namibia appoints APG Network for West Africa sales Source: myjoyonlinCourt Air Namibia appoints APG Network for West Africa sales Source: myjoyonline.com

«Even though I am not a military officer, but I know that there is what us called orderly room trial or court martial, which military men who erred in the performance of their duties are made to go through.

Bharara has already seen his record on Albany corruption tained after his high - profile convictions of former Senate Majority Leader Dean Skelos (R - Nassau County) and ex-Assembly Speaker Sheldon Silver (D - Manhattan) were overturned on appeal as a result of a U.S. Supreme Court decision that came out after their trials that limited what is considered bribery.

NEWARK, N.J. — During defense attorney Michael Critchley's cross-examination of David Wildstein at the Bridgegate trial in federal court this morning, the witness said that it was his «understanding» that New Jersey Gov. Chris Christie and New York Gov. Andrew Cuomo agreed to what would later become Port Authority deputy Bill Baroni's legislative testimony about the George Washington Bridge lane closures.

Kanu's lead counsel, Chuks Muoma (SAN), had filed an appeal challenging the ruling of the High Court, just as he described «strange procedure», what was adopted in the trial.

In what has turned out to be a landmark decision, the Court ruled in Daubert that federal trial judges must act as gatekeepers in order to exclude unreliable evidence from the courtroom.

That is what an Italian court will consider Saturday as it resumes an unprecedented manslaughter trial of six Italian geophysicists and one former government official.

That's precisely what occurred last week, when the 9th U.S. Circuit Court of Appeals granted the motion by Rebecca Friedrichs» attorneys to decide her case (Friedrichs v. California Teachers Association) on the basis of the pleadings, without a trial or additional oral arguments.

Connecticut's Supreme Court then sent the case to a trial judge to determine what the State of Connecticut must do to meet that standard.

Last school year, the teacher took her students to visit Chicago's federal court building and Northside College Prep's debate team, and then held a mock trial so students could practice what they'd learned.

«Year of the Hyenas» is based on what is known as the oldest court transcripts in history, detailing the trials of the conspirators who plotted against the life of Ramses III, the last great Pharaoh of Egypt.

And if Mann's lawsuit is dismissed by the courts, and even if it eventually goes to trial and he loses a jury verdict, Mann will publicly claim that he was in the right regardless of what the courts and / or the jury decided, and that he will not be deterred from filing other lawsuits against anyone who publicly characterizes his work as fraudulent.

«A lot of what the Supreme Court does is simply irrelevant to what federal trial judges do on a daily basis,» wrote Judge Kopf, who presides and blogs from Lincoln, Neb..

«More often than not, the court of appeal and the trial courts say that they can correct what the Crown has done wrong by instructing the jury, and I must say I find that unsatisfactory in most cases,» Lockyer says.

The Statesman observes that when a court reporter leaves the trial with her notes or stenographic records, those notes may be the only record of what occurred.

Note: I am not following the Zimmerman trial and know next to nothing about what else has happened in court.

This ruling required trial courts faced with a motion for temporary restraining order seeking to restrain a former employee from competing to focus on what interest an employer is seeking to protect and whether that interest is sufficiently clear at a preliminary stage such that a TRO is justified.

Should insurance companies of the at - fault driver or party responsible for your injury refuse to settle for what you rightfully deserve, you can be confident that our legal team can draw from our more than 50 jury trials to aggressively and effectively advocate on your behalf in court.

What is most horrific is that a Canadian court allowed the most intimate part of a woman's body to be evidence in a jury trial.

Understanding the evidence that will need to be exchanged prior to trial can also help you envision what a likely outcome might look like and it will also inform you of what information you need to successfully present your case in court.

Among other things, the Supreme Court of Canada highlighted the trial findings of negligence in continuing to issue clean audit opinions after knowing of deliberate deception by Livent management and what Deloitte itself characterised as «aggressive, if not questionable, accounting practices» on the part of Livent management.

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 separaCourt 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 separacourt 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 separacourt 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 separacourt called a legal separation.

As Souter points out, though, to call this an «appellate presumption» is to turn a blind eye to the fact that the trial courts are all keenly aware of what their Court of Appeals is looking for — a within - Guidelines sentence.

Only three days after Judge Kaplan's spectacular ruling in the Chevron / Ecuador case, notes Paul Barrett at Business Week, «a state appellate court in California upheld a trial judge's finding that what had been billed as a watershed liability verdict against Dole Food over pesticide use in Nicaragua was actually the product of a corrupt conspiracy by plaintiffs» lawyers.»

What is also noteworthy is that in this case, the Court found that it did not matter that the accused did not raise the issue about disclosure at trial.

This starts by obtaining the trial court transcripts — an official account of what transpired at the trial.

If you are preparing an appeal, make sure to submit the trial court's order to see what the court overlooked.

[22] Without even considering the clear requirement that people are represented in court by counsel or by themselves, it is, from my reading of what is to transpire at a trial management conference, completely inappropriate to suggest that when a defendant has counsel, that someone else, in this case an adjuster, appear essentially as counsel at a trial management conference.

Then, based on the true pragmatics of the parties» positions and what occurred in lower court proceedings, the appellate court determined that trustee, not plaintiff, had prevailed: it remained neutral on the contract claims by filing the nonmonetary status declaration (in stark contrast to the trustee in Kachlon v. Markowitz, 168 Cal.App.4 th 316, 350 (2008), which did not remain neutral and only filed the nonmonetary status declaration close to trial), and it defensed the tort claims (under which plaintiff sought to recovery money against trustee).

But above all else, our attorneys are trial lawyers, and they won't hesitate for a second to go to court if it's what it takes to get our clients justice.

«While this court must take and does take the issue of abuse of a child very seriously,» the footnote said, «the fact that a trial judge tells parents that unless one of them «cops to an admission of what happened to the child» they are going to lose their child, flies in the face of not only the CPSL, but of the entire body of case law with regard to best interests of the child and family reunification.

And ultimately, what is a better time for attorneys to weigh in on the cultural zeitgeist of our country if not during nationally publicized court trials?

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 isCourt of Appeals tell us about how her trial court experience shaped her rulings on expert witness iscourt experience shaped her rulings on expert witness issues?

It will be interesting to see whether the court will permit parties involved in complex high - stakes patent cases to call multiple experts but require them to confer before trial to see what they can agree on and / or to testify together at trial to reduce the trial time (see points five and six below).

What we witness without a whimper from the media, the courts, or the bar is a prosecutor charged with the highest professional duty to see that every accused, no matter how guilty, obtains a fair trial, and who, instead, in this historical instant, has voluntarily taken steps to see that such a right becomes little more than a sad, distant echo of a justice system that once set the standard for the world.