Sentences with phrase «affirmance of»

The UC v Broad Institute appeal hinges on whether the PTAB made any legal errors by deciding the case in favour of Broad without «substantial evidence», with observers believing an affirmance of the Board's ruling is most likely

One (unnamed) commentor assails me for a a lack of «objectivity» because I critique this affirmance of an above - guideline sentence but often praise affirmances of below - guidelines sentences.

United States First Circuit, 10/11/2010 US v. Brown Defendant's conviction for possession of cocaine base with intent to distribute is affirmed where: 1) although the district court's factual findings and the inferences made from those findings, which formed the basis of its conclusion that reasonable suspicion existed to stop a car, are not compelled by the record or by the facts, both are nonetheless reasonable and therefore pass constitutional muster; 2) the affirmance of the district court's finding that the officers had reasonable suspicion to stop the car forecloses the need to address defendant's challenge to the district court's alternate conclusion that the car was not seized when the officers first approached; and 3) there was no abuse of discretion in the district court's denial of defendant's motion to suppress evidence without an evidentiary hearing.

suits; that these purchases were made in pursuance of the conspiracy, secretly and fraudulently, for the purpose of preventing the Toledo Company and the District Court of Northern Illinois and the Circuit Court of Appeals of the Seventh Circuit from learning of the Phinney commercial practice; that the Toledo Company made diligent effort and investigation to find the Phinney commercial practice, and also evidence of the Computing Company's fraudulent suppression of evidence thereof; that, while Toledo Company had had knowledge of the Phinney commercial practice since 1913, it had no knowledge of Computing Company's fraudulent suppression thereof until December 20, 1921, which was after the affirmance of the accounting decree.

2007), the Eleventh Circuit «vacated Valdes's sentence and remanded to the district court because it was unclear whether the court was departing upwardly under U.S.S.G. § 4A1.3 or whether the court was applying a variance based on the 18 U.S.C. § 3553 (a) factors, and, therefore, the record was «insufficient to permit the affirmance of the sentence.»»

Successfully obtained affirmance of Probate Court order requiring sale of Los Angeles Clippers from Donald Sterling to a new owner.

Mr. Meadow was lead counsel of a team that obtained affirmance of $ 320 million contract judgment against Disney arising out of Disney's refusal to pay profits owed on the wildly successful «Who Wants To Be A Millionaire» program.

5 Jul. 28, 2014)(unpublished), is an interesting one involving affirmance of an arbitration award in favor of a well - known L.A. law firm and against a sophisticated ex-client defendant, especially focusing on a very broad arbitration clause allowing for fee recovery in any dispute and for a Trope waiver.

Paul, Weiss secured an affirmance of the dismissal of a New York state court action for breach of fiduciary duty against Silverpeak Real Estate Partners LP, which had been filed by investors who purchased Lehman real estate assets...

aul, Weiss secured an affirmance of the dismissal of a New York state court action for breach of fiduciary duty against Silverpeak Real Estate Partners LP, which had been filed by investors who purchased Lehman real estate assets...

Represented the plaintiff - appellee at the U.S. First Circuit Court of Appeals in obtaining affirmance of substantially all of the district court judgment in excess of $ 4 million in an employment retaliation case.

Secured affirmance of grant of summary judgment on the question of whether designee of the state Department of Social Services could compel reimbursement of medical costs from Medicaid recipients after recovery from a liable third party.

It turns out that the issue may not be all that significant, according to this recent detailed analysis from Scotus Blog, which found that the number of cases in which a tie vote caused by recusal results in default affirmance of the lower court is relatively small.

His notable victories in these matters have included affirmance of a lower court's dismissal of a complaint that alleged that the installation of lechis on public utility poles violated the Establishment Clause of the U.S. Constitution (Jewish People for the Betterment of Westhampton Beach, et al. v.

We successfully obtained affirmance of summary judgment before the Federal Circuit.

2005)(obtained the imposition of sanctions against counsel for the assertion of RICO and litigation fraud claims against physicians arising out of previously dismissed medical malpractice claims and argued successfully for the affirmance of the District Court's dismissal of the federal claims).

She supports affirmance of Judge Posner's denial of injunctive relief but disagrees with parts of the reasoning.

I also mentioned Chief Judge Rader's dissent from the majority's affirmance of Judge Posner's denial of injunctive relief to Google's Motorola over a FRAND - pledged SEP..

However, a court may reduce (modify) to include any of the requirements relating to probation and community control, a legal sentence imposed by it within 60 days of its imposition; after the receipt by the court of a mandate issued by the appellate court upon affirmance of the judgment and / or sentence upon an original appeal; after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and / or sentence; or if further appellate review is sought in a higher court or in successively higher courts, after the highest state or federal court to which a timely appeal has been taken under authority of law, or when a petition for certiorari has been timely filed under authority of law, has written an order of affirmance or an order dismissing the appeal and / or denying certiorari.

Attorneys won affirmance of a grant of summary judgment in a putative medical monitoring class action arising out of alleged neighborhood exposure to beryllium dust and fumes from defendants» plant over the course of many decades.

Here, the lack of prejudice and failure to move to strike below were dispositive, resulting in an affirmance of the costs award to the defense.

Not exact matches

The processes of screening cases and deciding to hold oral arguments are explained, as are the methods of deciding whether to publish an opinion and whether to issue a summary affirmance or memorandum opinion.

Excerpts on the decision to publish and whether to issue summary affirmances might be helpful in training externs and clerks in a judicial opinion writing course to give the students background in some of the decisions judges must make in addition to how to decide cases and write the opinions.

Julie Green and Howard Cooper obtained a complete affirmance from the U.S. Court of Appeals for the Third Circuit of a 2008 trial court victory in a case brought on behalf of Judge Leon A. Kendall of the Superior Court of the Virgin Islands against the judicial conduct commission of the Virgin Islands, called the Commission on Judicial Disabilities.

«Debatable sentencing rulings at end of long white - collar affirmance Main An intoxicating way to celebrate the Gall ruling»

Listed below are links to weblogs that reference Debatable sentencing rulings at end of long white - collar affirmance:

Obtained affirmance by the Second Circuit Court of Appeals of the District Court's dismissal of quiet title action against homeowners by a successor trustee claiming that conveyance of property by a predecessor co-trustee was void.

Participated in obtaining a summary judgment for a hospital affiliated with a national health system in a physician's multimillion dollar federal court discrimination lawsuit, and obtaining an affirmance on appeal before the Eleventh Circuit Court of Appeals

We obtained judgment of infringement and misappropriation of trade secrets after a three - week trial, and we obtained affirmance on the finding of misappropriation of trade secrets.

Statistically, the odds of an affirmance are better than the average if the intermediate court of appeals that issued the opinion under review is the Houston First Court of Appeals, the Austin Court of Appeals, the Amarillo Court of Appeals, or the Corpus Christi Court of Appeals.

We obtained summary judgment of non-infringement of all claims in the Southern District of California, and we subsequently obtained affirmance from the Federal Circuit on appeal.

Today's affirmance ruling is yet another success for Microsoft's counsel in the Munich cases against Motorola, a team of Bardehle Pagenberg lawyers led by litigator Dr. Tilman Mueller - Stoy and patent attorney Peter Hess.

In fact, it's odd that the Court has doubled up on such affirmances twice in the last five terms, because the Justices have mostly been able to avoid this circumstance of late: including the two most recent cases, it's only happened 10 times in the last 18 years.

I predict denial of this petition, not because it would be a just outcome but simply because even Chief Judge Prost, who has a more balanced position than some of her colleagues on certain issues (above all, injunctive relief), apparently (she wrote the summary affirmance decision) agrees with Apple on this one.

[Footnote 7] The state ground for affirmance, i.e., the failure to take certiorari from the action refusing a license, depends upon the constitutionality of the ordinance.