Sentences with phrase «appeal in cases decided»

Not exact matches

In June 2011, the twins announced they would halt their appeals, deciding not to bring the case to the Supreme Court.
Despite the fact that at least five of the judges involved in the two appeal court judgements were originally appointed to lower courts by Brian Mulroney's Conservative government, Harper insisted: «It was the government that decided to put the judges on the bench, the government that decided not to appeal, the government that decided to lose the case and the government that decided not to come back to Parliament.
«The Movants have had ample opportunity to intervene in the multiple cases challenging the so - called «Fiduciary Rule» in district courts around the country, in appeals in two other circuits courts, and in this appeal, which was decided by this Court more than a month ago,» the filing said.
A good first step in the Roth IRA shopping process is deciding whether you want to take a hands - off approach to investing — in which case a robo - advisor and its automated investment process might be appealing — or a more active approach to choosing your investments, which might make a traditional broker more attractive.
I will refer in particular to three criticisms highlighted in the report: the slowness to remove foreign national prisoners from the UK, the concern with the high rate of appeals brought against UKBA's decisions which are decided against the Agency, and the large number of unresolved immigration cases still awaiting decision.
The final resolution came when the case was dismissed in the Court of Appeals for the First Circuit, when the court decided that they can not intervene:
Nestled away in the court of appeal: a case which decides whether Brits can live with the person they love
Nestled away in the court of appeal today is a case which will decide whether British citizens are allowed to live with the person they love.
By the agreement of both sides in the case, the State Police have until June 22 to decide whether to appeal.
The Court of Appeal decided the case on 18 June, but released the verdict (in Dutch) only yesterday.
But EPA also recently approved 42 permits for Appalachian mining operations, including some mountaintop mines, and sided with the coal industry in opposing the rehearing of an appeals court case that could have decided whether the Army Corps has been improperly handling mountaintop permits.
Cage is set to portray a government agent investigating a case appeal for a mother (Sarah Lind) and her young son (Jakob Davies), who decides to go rogue in an effort to help them escape to Canada.
Li makes her way from county to city, enduring one trial after another, until she decides to make her appeal in far - off Beijing, but 10 years go by, and the cases of Li's divorce and her ruined reputation have not been resolved.
The California Supreme Court will decide this summer whether to take up an appeal by nine students in the historic Vergara vs. California case challenging our unusually protective teacher tenure laws, as well as a seniority - based layoff system that often keeps ineffective teachers in district classrooms while letting more talented but less senior teachers go.
And this week our state Supreme Court decided to pass on the case altogether — leaving in place the Court of Appeals» decision.
Speaking with the news outlet, Alfa Romeo manufacturing chief Alfredo Altavilla explained that the Giulia Sportwagon, while appealing for a number of different reasons, wouldn't make sense since the Stelvio already captures a lot of the features and capabilities that the Giulia Sportwagon would have had in case Alfa Romeo decided to green light it.
(Yes, there's an appeals process in which a committee could decide your worthiness on a case - by - case basis, but I didn't get the feeling that opened a lot of doors for the great unwashed.
A good first step in the Roth IRA shopping process is deciding whether you want to take a hands - off approach to investing — in which case a robo - advisor and its automated investment process might be appealing — or a more active approach to choosing your investments, which might make a traditional broker more attractive.
In November 2009, after the OFT beat the banks in the High Court and Court of Appeal, a shock technical ruling from the Supreme Court overturned this and kiboshed the OFT's hopes in the test case; soon after the OFT decided it wouldn't continue, even based on new argumentIn November 2009, after the OFT beat the banks in the High Court and Court of Appeal, a shock technical ruling from the Supreme Court overturned this and kiboshed the OFT's hopes in the test case; soon after the OFT decided it wouldn't continue, even based on new argumentin the High Court and Court of Appeal, a shock technical ruling from the Supreme Court overturned this and kiboshed the OFT's hopes in the test case; soon after the OFT decided it wouldn't continue, even based on new argumentin the test case; soon after the OFT decided it wouldn't continue, even based on new arguments.
That is why it is important to sue the IRS, in cases of disagreement, in the US Tax Court before the assessment becomes final: it delays the final assessment until the case is decided, while when appealing in the District court - you already owe the money and the government can proceed with levies and garnishment while the court takes its time.
IN a closely watched copyright case with broad implications for the contemporary - art world, the United States Court of Appeals for the Second Circuit on Thursday decided largely in favor of the artist Richard Prince, who was found by a federal court in 2011 to have illegally used photographs from a book about Rastafarians to create a series of collages and paintingIN a closely watched copyright case with broad implications for the contemporary - art world, the United States Court of Appeals for the Second Circuit on Thursday decided largely in favor of the artist Richard Prince, who was found by a federal court in 2011 to have illegally used photographs from a book about Rastafarians to create a series of collages and paintingin favor of the artist Richard Prince, who was found by a federal court in 2011 to have illegally used photographs from a book about Rastafarians to create a series of collages and paintingin 2011 to have illegally used photographs from a book about Rastafarians to create a series of collages and paintings.
Arizona Court of Appeals rules in climate case: Court rejects governor's argument that legislature can defeat the public trust, assumes without deciding that atmosphere is a public trust asset, and rules that the plaintiff did not assert adequate grounds for court action.
The case was decided against them and is now on appeal, Michael Mann is a recognized intevenor because of his status in the matter.
The CJEU's job is to work with national courts and to provide assistance on the meaning of EU law, not to decide cases or in any way to act as a Court of Appeal
For example, when an appellate judge retires and joins a private firm, and the firm later employs the retired judge to brief an appeal to his former colleagues, the firm is partly trying to persuade the court that it should decide the case in the firm's favor because of the retired judge's established reputation, character, and credibility.
Howard Bashman over at How Appealing picked up on an 8th Circuit case decided yesterday, ruling in favor of seven people who had been arrested in Minneapolis for protesting «consumerism» by dressing up like zombies and plodding around during the 2006 Aquatennial.
Earlier this month the Court of Appeals of Indiana ruled (via Deliberations) in an interesting case that involved a jury deciding that a plaintiff should be awarded $ 336,300 in damages, but failing to adequately communicate that to the court because of confusion about how the verdict form worked.
A report in The Boston Globe discusses the case scheduled to be argued today before the 1st U.S. Circuit Court of Appeals that centers on a plan by U.S. District Judge Nancy Gertner to try to get more African - Americans on the jury that will decide the federal death penalty case against two black men from Boston.
The Court of Appeal recognized that the issue was not decided by an earlier case — Trinity Western University v. British Columbia College of Teachers, 2001 SCC 31 — a case where a regulatory body refused to accredit TWU on the basis that the covenant might affect the ability of TWU graduates to teach in public schools in a non-discriminatory matter.
However, the case was appealed and while the appeal court ultimately decided that the separation agreement was void as against public policy, it also noted that courts needed to use caution in finding contracts to be void as contrary to public policy so that the doctrine does not «unduly impinge on the basic right to enforce engagements freely and voluntarily made.»
In deciding the case, the Court of Appeal considered a lawyer's duty to give advice outside of his written retainer.
The importer appealed to the Supreme Court, which held that in copyright cases the «objective reasonableness» of the losing party's legal position carries «substantial weight» in deciding whether to grant attorneys» fees to the winning party — but that factor alone is not dispositive: a party's litigation misconduct or «repeated» infringement or «overaggressive» enforcement of claims could also justify a fee award even if a party's legal argument was reasonable.
The rule came from the case of Rodriguez v. Kline, which was decided on appeal in 1986.
Quoting an earlier case, the Employment Appeal Tribunal said that it was the Tribunal's right and obligation «to decide what the context is... it may be a mistake to focus upon a remark in isolation.
is designed to provide reporters, lawyers, educators, and the public with prompt, accurate, unbiased information about newsworthy and legally significant cases pending in and decided by the Federal Courts of Appeals... Use this Web site to find short summaries of recent opinions of public interest and noteworthy cases pending oral argument.
And so the Court of Appeal decided in this case.
In appeal on a point of law, the two cases were then brought before the German Federal Administrative Court, which decided to stay proceedings and refer the following questions to the Court of Justice of the European Union:
Apparently, unpublished opinions represent 80 percent of cases decided in the federal appeals courts.
A report in The Boston Globe discusses the case scheduled to be argued today before the 1st U.S. Circuit Court of Appeals that centers on a plan by U.S. District Judge Nancy Gertner to try to get more African - Americans on the jury that will decide the federal death penalty case against two black men from -LSB-...]
Although no cases have been decided under the new definition of catastrophic impairment (CAT) at the Licence Appeal Tribunal (LAT), a number of matters recently adjudicated under the old definition do provide some guidance in a number of areas, London personal injury lawyer Maia Bent tells AdvocateDaily.com.
That's the question that a California state appeals court recently decided in a case involving a suit by a UC Berkeley student against a local newspaper, which republished a diatribe against the local community the student had posted on her MySpace page.
But aside from a few isolated examples, no summaries are produced for the thousands of cases each year which are decided in the Administrative Court and Court of Appeal, both of which are central to the public law system.
That was essentially the question in a case decided Wednesday by the U.S. Court of Appeals for the Federal Circuit, Figueroa v. U.S..
The appeal was allowed, reinforcing the liberal «set aside» cases decided by the Court of Appeal in the past several appeal was allowed, reinforcing the liberal «set aside» cases decided by the Court of Appeal in the past several Appeal in the past several years.
The Court of Appeal in the present case found that it should be decided as a civil claim for damages for breach of confidence (para. 32).
It points to the 1972 case United States V. Dougherty, decided 2 - 1 by the U.S. Court of Appeals for the District of Columbia, as the benchmark case in which the Court ruled that judges aren't required to inform jurors about nullification because this power is «implied» in the overall instructions.
The third use of «By the Court» is the proactive set: the Court decides on its own initiative and for its own reasons that an issue arising in a «normal» appeal (that is to say, not a reference case) deserves this unusual decision format.
(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.
If, as seems to be the case, the trial judge in the new Fisher trial did apply the Snell robust and pragmatic common sense approach, then, assuming there is an appeal and assuming that Aristorenas is still good law once Clements is decided, the Court of Appeal may have to determine whether Fisher is consistent with Aristoappeal and assuming that Aristorenas is still good law once Clements is decided, the Court of Appeal may have to determine whether Fisher is consistent with AristoAppeal may have to determine whether Fisher is consistent with Aristorenas.
The not for profit publisher was established in 1865 and they have 29 law reporters that cover cases decided by the following courts and tribunals: the Supreme Court of the United Kingdom; the Judicial Committee of the Privy Council; the Court of Justice of the European Union; the Court of Appeal (Civil and Criminal Divisions); the High Court; the Court of Protection; the Employment Appeal Tribunal; the Upper Tribunal; the Court Martial Appeal Court; and the English ecclesiastical courts.
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