• Employment status — this topic will continue to run as a number of
appeal cases relating to employment status are due to be heard in 2018.
In March, the Supreme Court will hear oral arguments in two
appeals cases related to same - sex marriage - California's Proposition 8, which bans same - sex marriage and the federal Defense of Marriage Act, which denies federal benefits to same - sex couples.
Not exact matches
Some of the hardships
related to this damage might be eased by a property tax reduction — if the owner can make a solid
case for a tax
appeal.
A department spokesman said the agency could not comment on a specific individual's
case because any
related appeal of an enrollment decision would go before the education commissioner.
5.3 All the people of Rep. of Cyprus (even the President of RoC) MUST apply to the LEGAL SYSTEM of Northern Cyprus about an issue
related with north Cyprus in order to take their
cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further
appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard».
The first tier
relates to situations where the complainant in the FOIL lawsuit was victorious because the agency failed to respond to a request or
appeal, in which
case the court would still have discretionary authority to award attorneys» fees.
The Supreme Court on Thursday referred back to the Court of
Appeal, Abuja, all pending
cases relating to the dispute over the leadership tussle between the Ali Modu Sheriff an d Ahmed Makarfi factions of the Peoples Democratic Party.
«The Court of
Appeals finding properly acknowledges that the school district's responsibility under the IDEA is not to cure or remediate all effects of a child's disability, but to serve students with a demonstrated «need» for special education and
related services in order to benefit from his or her education,» said NSBA Associate Executive Director and General Counsel Francisco M. Negrón, Jr. «Given that the student in this
case is academically successful, it may be more appropriate to address non-educational concerns through other accommodations.»
«Matt Pawa, a leading litigator on climate
related issues, discussed his current
case, Kivalina v. ExxonMobil Corporation, et al., now pending on
appeal.
A federal
appeals court threw out a
related case, Kivalina v. ExxonMobil, the following year.
The Supreme Court of Canada will hear six
appeals this week, including two sets of companion
cases: the first
related to first degree murder convictions in the death of an Alberta child in 2011, and the second
related to two law societies» refusals to accredit Trinity Western University's law school.
Appeals in three criminal
cases relate to murder or sexual assault convictions.
In court documents
related to an
appeal of Holm's sentence, Holm's attorney Dean Stowers suggests that the «Hulk» email might have been
related to Olson's potential role as a witness in an age discrimination suit brought by a former assistant U.S. attorney, as well as to a clash over sentencing in several
cases.
Mr. Stellabotte is a registered patent attorney and has extensive experience litigating patent, copyright, trade secret, antitrust, contract, tort, trademark, false advertising, and information technology
related matters in federal and state trial and appellate courts, including
case preparation and strategy, fact and expert discovery, depositions, motion practice, Markman hearings, preliminary injunction hearings, bench and jury trials, arbitrations, mediations,
appeals, and settlement negotiations.
He routinely tries workers» compensation
cases before the Illinois Workers Compensation Commission, handles
appeals to the circuit courts and appellate courts, and appears in both state and federal courts throughout Illinois in
related civil litigation.
I plan to also blog about Microsoft v. Motorola
cases pending before three Munich - based courts (a preliminary injunction
case, a
related Federal Patent Court nullity action, and an
appeal involving a patent narrowed by the Federal Patent Court last year).
These
appeals related to the lawfulness of the detention of two Afghan men by HM forces, considering how far ECHR, art 5 applies to
cases of military detention in non-Convention countries.
In the latest instalment of the Baby P
cases, the secretary of state and Haringey have filed applications for permission to
appeal the Court of Appeal's decision in R (on the application of Sharon Shoesmith) v Ofsted & Ors [2011] EWCA Civ 642, [2011] All ER (D) 293 (May) allowing Ms Shoesmith's claims for judicial review of decisions relating to her summary dism
appeal the Court of
Appeal's decision in R (on the application of Sharon Shoesmith) v Ofsted & Ors [2011] EWCA Civ 642, [2011] All ER (D) 293 (May) allowing Ms Shoesmith's claims for judicial review of decisions relating to her summary dism
Appeal's decision in R (on the application of Sharon Shoesmith) v Ofsted & Ors [2011] EWCA Civ 642, [2011] All ER (D) 293 (May) allowing Ms Shoesmith's claims for judicial review of decisions
relating to her summary dismissal.
Appeals in family proceedings (including child support and certain other family
related cases) against decisions of magistrates» courts which are initiated on or after 6 April 2009 will go to the county court instead of the High Court.
batch of criminal
appeals [
relating] to the involuntary administration of certain scientific techniques, namely narcoanalysis, polygraph examination and the Brain Electrical Activation Profile (BEAP) test for the purpose of improving investigation efforts in criminal
cases.
There were those who hoped that the decision of the House of Lords in Mirvahedy v Henley would provide some degree of certainty, and for a while the number of
cases relating to the Act reaching the Court of
Appeal subsided.
Argued before the Ohio Seventh District Court of
Appeals in an oil and gas
case related to anti-assignment provision
ITN, BBC, Associated Newspapers and Ors v. R [2013] EWHC 773 (Court of
Appeal), appeared as junior counsel for the national media in
case relating to open justice and reporting restrictions.
Recent
cases include: Axiom Litigation Financing Fund (acting for the «receiver / liquidator» of a Caymans Islands fund: # 110m dispute); Frauntled Management Limited v Featherwood ($ 13m investment dispute before the BVI Court of
Appeal); BBX Capital Asset Management v Royal Bank of Canada & Ors ($ 30m Cayman dispute
relating to transaction to defraud creditors / sham trusts); Trinity Management Group Ltd v Burke Consolidated Ltd (s. 184I / s.175 BVI dispute); Maruti Holdings PTE Limited v Sinclair Strategies Limited (BVI jurisdictional challenge); QVT Fund & Ors v China Zenix Auto International Limited (s. 184I and s184C BVI dispute: interim injunction) In addition, the international nature of commercial fraud often results in Paul advising in relation to proceedings before off - shore courts such as in VTB v Nutritek (advised on interim relief in Cayman Islands and maintenance of BVI injunction in light of UK Supreme Court decisions) and in other off - shore jurisdictions such as Jersey, Guernsey and Nevis.
She has a special interest in Article 8 (family life and medical
cases) and family
related appeals including the now near impossible to win «elderly parents» category.
«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers
relating to the services they provide; (d) claims by and against local authorities
relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims
relating to the design, supply and installation of computers, computer software and
related network systems; (f) claims
relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims
relating to the environment (for example, pollution
cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to
appeal and
appeals.»
In one decision (R v Maxwell [2010] UKHL 48), where an
appeal by a defendant in a criminal
case was dismissed, no reasons were published by the end of the year because they might have prejudiced
related criminal proceedings which were still pending.
Last July, in Deguise v. Montminy, 2014 QCCS 2672 the Québec Superior Court had occasion to revisit these issues from in Alie v. Bertrand & Frere Construction Co. Ltd., 2002 CanLII 31835, applying the Ontario Court of
Appeal decision in that 2002
case to civil law concepts
relating to allocation of responsibility among insurers in complex construction and property damage
cases.
The Court of
Appeal has considered more recently the ambit of litigation privilege in one of the many
cases relating to the SFO's investigation into the Tchenguiz brothers, stressing the importance of the «dominant purpose» test.58 (See also Chapter 31 on privilege.)
In addition to the Knowles
case, he has successfully argued class action
related appeals in three federal circuits and in state appellate courts, and he has successfully defeated class certification in many state and federal trial courts.
Samsung argues that it was Apple's choice to base its» 647 -
related arguments on a broader claim construction than the one the Federal Circuit ultimately affirmed (Samsung says «Apple «shot for the moon»»), and «Apple's risk failed» when the
appeals court handed down its opinion in what I always just call the «Posner
case».
This
case note discusses the first ground of
appeal relating to the Royal Prerogative.
We hope to keep our readers informed about
cases and issues on
appeal as well as scholarship, research, conferences, and news
related to appellate courts.»
In any
case where the documentation for an
appeal is likely to be substantial, and especially where several
related appeals are to proceed together, it is appropriate for economy of documentation to be agreed, if possible, between the parties, and if necessary for relevant directions to be sought from the court.
Covenience In any
case where the documentation for the
appeal or
appeals was likely to be substantial, and especially where several
related appeals were to proceed together, it was appropriate for economy of documentation to be agreed, if possible, between the parties, and if necessary for relevant directions to be sought from the court.
In any judicial
case related to the activity of CVM, such authority is communicated and may present memoranda, clarifications and even file
appeals in
case the parties do not do so.
In recent years, we have acted successfully for clients in leading
cases related to land use and development as appellate counsel for
appeals from the Ontario Municipal Board.
z4 v. Microsoft and Autodesk — Jury Trial &
Appeal to Federal Circuit Represented z4 in a patent infringement
case involving two patents
relating to technology for reducing software piracy.
The recent Court of
Appeal decision in the
case of Scullion v Bank of Scotland [2011] EWCA Civ 693, reversing the first instance decision, has clarified the law
relating to duties of care owed by surveyors engaged by a lender to provide a valuation for a buy to let property.
Paul has extensive experience handling all matters
related to civil
appeals, and has successfully represented clients in appellate
cases involving real estate law, family law and divorce, and personal injury claims, as well as business or fiduciary (estate and probate)
cases.
Notable
cases include Metall Market OOO v Vitorio Shipping, The «Lehmann Timber» (Court of
Appeal); Global Process Systems v Syarikat Takaful Malaysia, The «Cendor MOPU» (Supreme Court); Commercial Court actions and arbitrations
relating to the petrochemical industry, including offshore construction and the litigation arising from the Buncefield tank farm explosion; shipbuilding, ship finance and ship sale disputes; shipping and commodities
cases, raising a diverse range of issues
relating to contracts of sale, bills of lading and Charterparties and Arbitration Act 1996 applications.
On
appeal, Father argued the trial judge erred in calculating child support, granting the mother sole legal decision making, and other evidentiary rulings
related to the
case.
If you hope to be hired for an
appeal, read all the briefs as well as
related cases, and figure out the
case's arguments.
The actual opinion
relates to evidentiary issues resolved on
appeal, but the post highlights a bizarre and startling set of facts in the
case that are worth repeating.
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.
The firm's lawyers have had the opportunity to orally argue
cases on behalf of employers and municipal governments before the 11th Circuit Court of
Appeals of the United States and have handled numerous
cases involving discrimination claims and employment contracts, as well as the
related issues of immunity.
In the present
case, the Court of
Appeal found the decision below to be a final order
relating to costs.
The traditional justification for limiting access in criminal causes or matters from the scrutiny of the Administrative Courts (in the
case of matters
relating to trial on indictment) and the Court of
Appeal (Civil Division)(in the
case of
appeals from the Administrative Court) has been the proposition that the rights of the subject can be protected in the criminal courts.
David Skwark was in the Court of
Appeal in a
case in which he represented the Law Society of Manitoba pursuing a lawyer and his wife for monies
relating to improper conduct with the beneficiary of the residue of the clients» estate being the Winnipeg Humane Society.
The total damages amount in the first
case ($ 929 million after two trials, but prior to the
appeal, which Samsung filed last week) was $ 929 million, but the bulk of that was
related to design patents and trade dress, i.e., intellectual property rights for which U.S. statutory law explicitly allows damages theories (disgorgement of infringer's profits) that are legally unavailable for utility (i.e., technical) patents.