Sentences with phrase «appeals court considered»

A federal appeals court considered whether a tax on the lobbying activities of a tax - exempt 501 (c)(6) organization unconstitutionally interfered with the free - speech rights of such organizations.

In 2000 a federal appeals court considered when an association could be liable for defamation for statements published in a referral guide that it distributes to its members.

In 1961, a California appeals court considered this issue in People v. Jones (191 Call.

In a recent decision, a Texas appeals court considered the employer's responsibility after its employee was involved in a car accident.

The appeals court considered this case within the context of New York's well - established medical malpractice laws.

Question takes center stage as appeals courts consider contraceptive mandate lawsuits, including Hobby Lobby's.

Hatnay noted in Indalex, the appeal court considered the questions of whether the company had breached its fiduciary duty and whether there was a deemed trust in a situation where it had essentially abandoned its pension plan.

The Appeal Court considered the requirements regarding filing a statement of arrangements under English law.

Among other things, the B.C. appeal court considered the implications of the s. 7 Charter right to life, liberty, and security of the person as well as the Supreme Court of Canada's findings on that issue in the past.

The threshold is clearly reached where, as here, the appeal court considers itself unable to determine whether the decision is vitiated by error.

Not exact matches

«The courts now will consider the appeal from Uber and of course TfL will defend the decision they made,» he said during a monthly question time session.

Stanford University Law School professor Michael McConnell, a former federal appeals judge, said the court should not consider campaign statements, because Trump only swore an oath to uphold the Constitution after he became president.

The Trump administration has said it is considering appealing the 9th Circuit ruling to the Supreme Court, and the 9th Circuit itself might decide to rehear the case with a larger panel of judges.

Citing that reasoning, the Supreme Court denied Black bail while it considered his appeal.

The pirmary issue, which has yet to be decided by the NLRB and potentially in federal appeals courts, is who can now be considered a joint employer.

Dunphy acknowledged the request of Uber lawyer John Keefe, who asked if the judge were to grant the city's injunction, would he consider issuing a stay to allow Uber to continue to operate, pending an outcome at the Ontario Court of Appeal.

The justices said Friday they will consider a federal appeals court's decision to throw out a...

But when the courts dallied, the new cabinet voted to deny GMR the right to operate the airport, and on December 6, 2012, the Singapore Court of Appeals — where the case was being considered — gave the green light for the government to take over.

Two forced strip - searches of a child by authorities at a Head Start program prompted by vague claims from an unreliable source could be considered child abuse, argues a friend - of - the - court brief urging the 10th U.S. Circuit Court of Appeals to revive a lawcourt brief urging the 10th U.S. Circuit Court of Appeals to revive a lawCourt of Appeals to revive a lawsuit.

The last - minute rewrite prompted a federal judge in September to dismiss challenges by Wheaton College and Belmont Abbey, but the D.C. Circuit Court of Appeals agreed to consider the cases.

The Fifth Circuit Court of Appeals has declined to dictate whom a church can «consider a lay liturgical minister under canon law,» dropping its previous three-fold test.

A federal appeals court on May 31st ruled that the Defense of Marriage Act is unconstitutional because it denies equal rights for legally married same - sex couples, making it likely that the Supreme Court will consider the politically divisive issue for the first time in its next court on May 31st ruled that the Defense of Marriage Act is unconstitutional because it denies equal rights for legally married same - sex couples, making it likely that the Supreme Court will consider the politically divisive issue for the first time in its next Court will consider the politically divisive issue for the first time in its next term.

There has always been some tension between the Establishment Clause and the Free Exercise protections of the First Amendment, but the Supreme Court, when considering a similar challenge to the Religious Land Use and Institutionalized Persons Act in 2005 — wherein the Sixth Circuit Court of Appeals had ruled that granting protections to religious prisoners amounted to a violation of the Establishment Clause — ruled that alleviating a state - imposed substantial burden on religious practice did not violate the Establishment Clause.

ACCC Chairman, Rod Sims, stated that the ACCC believed «that there was sufficient evidence for the Court to find that Cussons had entered into an understanding» and that the appeal will allow the Full Court to «consider whether the trial judge should have inferred an understanding involving Cussons based on the uncontested evidence in this case.»

A circuit court in Richmond is considering Iverson's appeal, and, at worst, Iverson, Simmons and Wynn probably will be paroled by next July.

December 21 — In what FIFA will surely consider a blow to their efforts to stamp out under - age players moving overseas prematurely, Real Madrid have had their ban on transfer signings reduced to one window following a successful appeal to the Court of Arbitration for Sport.

In the meantime, lawyers for the state, the City of Chicago and the Park District will argue in legal briefs whether a long - term delay should be imposed while the Appellate Court considers a full appeal of a Cook County Circuit Court decision rejecting Edgar's attempts to take over Meigs.

The Westminster government appealed that decision and the Supreme Court is expected to consider the case next month.

Federal appeals court judges weighed whether they should consider Trump's previous statements supporting a complete ban on Muslims entering the country when ruling on his revised order to suspend travel from six Muslim - majority countries.

Jack Martins is considering an appeal to Tuesday's federal court decision that rejected his bid to move the general election for the 3rd Congressional District to December.

The Court of Appeals found that Brian Novak's appeal should be re-heard at the county level before someone other than Judge Matthew Sypnewski, who as a city court judge presided over Novak's original case, then considered his appeal after being elected as a Schenectady County Court jCourt of Appeals found that Brian Novak's appeal should be re-heard at the county level before someone other than Judge Matthew Sypnewski, who as a city court judge presided over Novak's original case, then considered his appeal after being elected as a Schenectady County Court jcourt judge presided over Novak's original case, then considered his appeal after being elected as a Schenectady County Court jCourt judge.

ALBANY — Republican Jack Martins is considering an appeal to Tuesday's federal court decision that rejected his bid to move the general election for the 3rd Congressional District to December.

It will also consider the home secretary Jacqui Smith's appeal against a Court of Appeal rappeal against a Court of Appeal rAppeal ruling.

The panel noted that the state's highest court, the Court of Appeals, had ruled that all circumstances must be considered when making a determination about acourt, the Court of Appeals, had ruled that all circumstances must be considered when making a determination about aCourt of Appeals, had ruled that all circumstances must be considered when making a determination about abuse.

The decision from the Second Circuit Court of Appeals was sparked by the U.S. Supreme Court's decision in the case of former Virginia Gov. Bob McDonnell, whose conviction was overturned by the nation's highest court in a ruling that narrowed the definition of the types of official acts that could be considered as part of quid pro quo arrangemCourt of Appeals was sparked by the U.S. Supreme Court's decision in the case of former Virginia Gov. Bob McDonnell, whose conviction was overturned by the nation's highest court in a ruling that narrowed the definition of the types of official acts that could be considered as part of quid pro quo arrangemCourt's decision in the case of former Virginia Gov. Bob McDonnell, whose conviction was overturned by the nation's highest court in a ruling that narrowed the definition of the types of official acts that could be considered as part of quid pro quo arrangemcourt in a ruling that narrowed the definition of the types of official acts that could be considered as part of quid pro quo arrangements.

He further expressed the hope that the Court of Appeal would grant Otti's prayer to be declared the winner of the poll, «Considering the judgment of lower tribunal, which upheld the cancellation of the results of the election in three local government areas.»

Making reference to the Courts Act of 1993 (Act 459), Mr Justice Ofoe said Section 31 (2) holds that «an appellate court, on hearing an appeal in a criminal case, shall allow the appeal if the appellate court considers (a) that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or can not be supported having regard to the evidence, or (b) that the judgement in question ought to be set aside as a wrong decision on a question of law or fact, or (c) that there was a miscarriage of justice, and in any other case shall dismiss the appeal.»

The U.S. Supreme Court declined to consider an appeal from developers of the proposed Constitution pipeline, who hoped to challenge New York state's denial of a water quality certification for the natural gas project.

By Sean Ryan A state court of appeals will ask the Wisconsin Supreme Court to consider the case over Milwaukee's sick leavecourt of appeals will ask the Wisconsin Supreme Court to consider the case over Milwaukee's sick leaveCourt to consider the case over Milwaukee's sick leave law.

But now, a federal appeals court in New York is considering a case that could, defense lawyers say, make that process all but impossible.

'' [He] is writing to the attorney general to ask him to consider referring the sentence to the court of appeal as unduly lenient,» the spokesman said.

Sweden's Supreme Court refused to consider his appeal against the arrest warrant.

Meanwhile, a U.S. appeals court in New York is set to take its turn today at considering the constitutionality of the Defense of Marriage Act, a federal law restricting the recognition of same - sex unions that has already been struck down in several other places.

On Wednesday, the New York State Court of Appeals in Albany will consider whether to examine if multiple New York Supreme Court judges were justified in unanimously reinstating Norma Campusano and Daniel Clark to the ballot for September's Democratic primary.

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.

On Wednesday, the New York Appeals Court said it agreed with Bharara and ruled that Stevenson's pension should be considered an asset that could be tapped toward the $ 22,000 in ill - gotten gains he was ordered to forfeit.

A state appeals court ruled that the firebombing of the Congregation Adath Israel in Riverdale in 2000 is considered a hate crime.

Sean Ryan [email protected] Both sides of the sick - leave debate are pressuring Milwaukee officials as they consider whether the city should join the appeal against a court decision rejecting the law.

However, in considering the main appeal, a panel of five Justices of the Supreme Court in a unanimous judgment today resolved all the issues against the appellant (Daudu) and accordingly dismissed the appeal in its entirety.

While the appeals court ruled that Silver may have committed «official acts», the jury may have also considered other behavior in convicting him.