I got it all together by the end of the day
the Appeals Court decision came down, but there was seemingly endless futzing and back & forth with the digital publisher about proofing and formatting, etc..
In February, before the Vergara
appeals court decision came down, California Assemblywoman Susan Bonilla, a Democrat, introduced a bill aimed at finding some legislative common ground for the various employment statutes being challenged in court.
Not exact matches
Her
decision to leave the church
comes the same week the U.S. 5th Circuit
Court of
Appeals upheld an injunction barring the Obama administration from implementing a policy of deferring deportation actions against more than 4 million undocumented immigrants.
The ITC's
decision came as the two companies faced off in the U.S.
Court of
Appeals for the Federal Circuit in Washington.
The
decision came down today from the Divisional
Court which heard Ford's
appeal of his November conviction.
«The tribunal wrongly neglected, failed and refused to abide by and follow the binding
decision of the
court of
appeal in APC vs Olujimi Agbaje:
appeal no: CA / L / EP / GOV. / 751A / 2015 (unreported) delivered on 26th August, which was duly cited to it and thereby
came to a wrong conclusion.»
«We
came together as a party to review the
decision of the Federal High
Court (
Court of
Appeal) on our party.
When the
appeals court overturned Silver's corruption conviction, it said that many people would view the facts that came out in the case «with distaste,» but the instructions to the jury did not track with the U.S. Supreme Court's decision in 2016 in a corruption case against former Virginia Gov. Bob McDon
court overturned Silver's corruption conviction, it said that many people would view the facts that
came out in the case «with distaste,» but the instructions to the jury did not track with the U.S. Supreme
Court's decision in 2016 in a corruption case against former Virginia Gov. Bob McDon
Court's
decision in 2016 in a corruption case against former Virginia Gov. Bob McDonnell.
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.
Scopes had
come on to graduate study in geology at the University of Chicago when «the Tennessee Supreme
Court heard Darrow's
appeal and at last handed down its
decision in January, 1927.
The voucher case
comes to the Supreme
Court on direct
appeal of Keele's
decision to award summary judgment to the state.
His
decision also
came only hours after Edwards had asked the U.S. Circuit
Court of
Appeals to drop the matter — despite Landry's initial objections.
The Supreme
Court's decision comes after six long years of legal battles and reaffirms a previous ruling from an appeals court in favor of Ms. A
Court's
decision comes after six long years of legal battles and reaffirms a previous ruling from an
appeals court in favor of Ms. A
court in favor of Ms. Acuña.
Routes to
appeal should be defined and
decisions should
come into force immediately in order to avoid incumbents delaying network access, for example, by entering into lengthy
court processes.
This
comes in the wake of a recent federal
court decision being appealed to the Supreme Court that rolls back federal regulations to reduce
court decision being
appealed to the Supreme
Court that rolls back federal regulations to reduce
Court that rolls back federal regulations to reduce HFCs.
Justices at gunpoint: Chief Justice Heather Smith, one of their recent
decisions could mean that the Ontario
Court of
Appeal is not going to protect judges from bad people who
come to courthouses with guns, if such bad people want a stay of their convictions by reason of very bad police conduct: R. v. Singh (Ont.
After an Odyssey of nearly 10 years, the legal proceedings of Switzerland against German restrictions on flights to and from Zurich airport have
come to an end: The CJEU, in its judgement delivered on 7 March 2013 (Case C ‑ 547 / 10 P), has rejected Switzerland's
appeal against the judgment of the General
Court of 9 September 2010 (Case T ‑ 319 / 05), by which the General
Court had rejected Switzerland «s action for annulment against Commission
Decision 2004 / 12 / EC of 5 December 2003 (OJ 2004 L 4, p. 13), thus allowing Germany to continue to apply unilateral restrictions on flights to and from Zurich airport over German territory.
The B.C.
Court of
Appeal's
decision in Mide - Wilson, and usefully summarized by Omar Ha - Redeye here,
comes less than two weeks after the Ontario Superior
Court of Justice's
decision in Cannon v. Funds for Canada Foundation, in which Justice Belobaba displayed a starkly different view of contingency fees.
[a] tax measure such as that at issue in the main proceedings, which is, according to the referring
court's description of its history and purpose, intended to prevent excessive capital flow towards the Netherlands Antilles and to counter the
appeal of that OCT as a tax haven,
comes under the tax carve - out clause cited above and remains, consequently, outside the scope of application of Article 47 (1) of the [Seventh] OCT
Decision, provided it pursues that objective in an effective and proportionate manner, which is a matter for the referring
court to assess.
This new
decision by the
Court of
Appeals holds that where the UM insurance company does not stipulate that they caused the injuries complained of, the facts regarding intoxication can
come into evidence in the trial judge's discretion.
The
Appeal came from a
decision of the
Court of
Appeal (Criminal Division) presided over by Lord Justice Davis.
For Supreme
Court of Canada or Court of Appeal decisions we usually indicate whether the decision came from the whole court or whether the court was split; if so, who was in the majority and who was in dis
Court of Canada or
Court of Appeal decisions we usually indicate whether the decision came from the whole court or whether the court was split; if so, who was in the majority and who was in dis
Court of
Appeal decisions we usually indicate whether the
decision came from the whole
court or whether the court was split; if so, who was in the majority and who was in dis
court or whether the
court was split; if so, who was in the majority and who was in dis
court was split; if so, who was in the majority and who was in dissent.
At his blog
Decision of the Day, Robert Loblaw reports on a student speech decision issued yesterday by the 2nd U.S. Circuit Court of Appeals, Wisniewski v. Board of Education of the Weedsport Central School District, coming close on the heels of the Supreme Court's June 25 decision in Morse v. Frederick, better known as the «Bong Hits 4 Jesus case
Decision of the Day, Robert Loblaw reports on a student speech
decision issued yesterday by the 2nd U.S. Circuit Court of Appeals, Wisniewski v. Board of Education of the Weedsport Central School District, coming close on the heels of the Supreme Court's June 25 decision in Morse v. Frederick, better known as the «Bong Hits 4 Jesus case
decision issued yesterday by the 2nd U.S. Circuit
Court of
Appeals, Wisniewski v. Board of Education of the Weedsport Central School District,
coming close on the heels of the Supreme
Court's June 25
decision in Morse v. Frederick, better known as the «Bong Hits 4 Jesus case
decision in Morse v. Frederick, better known as the «Bong Hits 4 Jesus case.»
A McKenzie friend The phrase McKenzie friend
comes from the 1970
Court of Appeal case McKenzie v McKenzie -LRB-[1970] 3 All ER 1034) in which a husband acting in person in contested divorce proceedings successfully appealed the decision of the lower court to deny him the use of an assistant to take notes, quietly advise, and prompt him at the t
Court of
Appeal case McKenzie v McKenzie -LRB-[1970] 3 All ER 1034) in which a husband acting in person in contested divorce proceedings successfully
appealed the
decision of the lower
court to deny him the use of an assistant to take notes, quietly advise, and prompt him at the t
court to deny him the use of an assistant to take notes, quietly advise, and prompt him at the trial.
However, the Human Rights Act 1998 has
come to the rescue of potential litigants of NHS organisations by a recent preliminary
decision of the
Court of
Appeal on the duty of health authorities to prevent suicide in Savage v South Essex Partnership NHSFT [2007] EWCA Civ 1375, [2007] All ER (D) 316 (Dec).
The
Court of
Appeal decision in Sturges v Bridgman (1879) 11 ChD 852 was clear and binding authority that
coming to a nuisance was no defence (and that
decision was followed by the
Court of
Appeal in the case of Miller v Jackson [1977] 1 QB 966, [1977] 3 All ER 338).
While it
comes from the Alberta
court of
appeal, the comments on the required standard of care in the CFL setting make this
decision worthwhile reading for collaborative family law lawyers in other Canadian jurisdictions.
«Given some of the
decisions that have
come out of the
Court of Appeal which have required pretty high standards for employers in terms of drafting employment agreement language, it was encouraging to see the court unanimously uphold the language that the parties negotiated in this case,» says Susan Crawford, of Crawford Chondon & Partners LLP who represented Money Mart in Kielb v. National Money Mart Com
Court of
Appeal which have required pretty high standards for employers in terms of drafting employment agreement language, it was encouraging to see the
court unanimously uphold the language that the parties negotiated in this case,» says Susan Crawford, of Crawford Chondon & Partners LLP who represented Money Mart in Kielb v. National Money Mart Com
court unanimously uphold the language that the parties negotiated in this case,» says Susan Crawford, of Crawford Chondon & Partners LLP who represented Money Mart in Kielb v. National Money Mart Company.
A recent Ontario
Court of
Appeal decision is a good one for employers when it
comes to drafting employment agreement language, says a lawyer involved in the case.
In my opinion, it's perfectly reasonable to focus on the cases in which the appellate
decision actually
came down (i.e., the completed experiments), implicitly assuming that the affirmance and reversal rates would have been more or less the same if all other
decisions had been reviewed by the
appeals court.
I suspect many commentaries will be
coming up in the upcoming weeks and months dissecting the
Court of
Appeal's
decision (which, while technical in nature and not headline grabbing for non-lawyers, is a pretty big deal to almost all litigation lawyers).
In a
decision issued on October 24, 2010, a panel of the Ontario
Court of
Appeal came down firmly on the side of the narrow view espoused by the House of Lords.
In a 3 - 0
decision in Mor - Town Developments Ltd. v. MacDonald, the Nova Scotia
Court of Appeal ruled that the lower court judge's narrow interpretation would not adequately protect the public when it comes to assessment, or taxation as it is known in the prov
Court of
Appeal ruled that the lower
court judge's narrow interpretation would not adequately protect the public when it comes to assessment, or taxation as it is known in the prov
court judge's narrow interpretation would not adequately protect the public when it
comes to assessment, or taxation as it is known in the province.
Following the
decision of the
Court of
Appeal in Howard League for Penal Reform & Anor, R (On the Application of) v The Lord Chancellor [2017] EWCA Civ 244, new regulations have
come into force returning some prison law cases to the scope of legal aid.
Richard Wolf of USA Today has a news update headlined «Justices won't hear Okla.
appeal on medical abortions;
Decision comes after state Supreme
Court ruled that the law, passed in 2011 but later struck down in court, would have banned all medical abortions.&r
Court ruled that the law, passed in 2011 but later struck down in
court, would have banned all medical abortions.&r
court, would have banned all medical abortions.»
We expect that their questions will be answered when The
Court of
Appeal renders its
decisions in the
coming months.
From the Pacific a significant
decision has prompted a new Grundnormon the judgment of the Fiji
Court of
Appeal which resulted in the President suspending the constitution and reappointing the interim executive that
came to power in the coup.
In the recent
decision of Fantl v Transamerica Life Canada («Fantl»)[1], the Ontario
Court of
Appeal unanimously dismissed the appeal of the Divisional Court's decision and confirmed the certification of class claims in negligent misrepresentation, noting that it was time for class actions to «deliver on their promise of access to justice» [2] when it comes to individual i
Appeal unanimously dismissed the
appeal of the Divisional Court's decision and confirmed the certification of class claims in negligent misrepresentation, noting that it was time for class actions to «deliver on their promise of access to justice» [2] when it comes to individual i
appeal of the Divisional
Court's
decision and confirmed the certification of class claims in negligent misrepresentation, noting that it was time for class actions to «deliver on their promise of access to justice» [2] when it
comes to individual issues.
That is not a problem because the Supreme
Court's mandate, having granted leave, is to make the decision that ought to have been made by the lower court from which the appeal comes; or order a new trial if that is the proper decision (if the decision appealed from was «against the weight of the evidence); or remand the appeal or any part of the appeal to the court appealed from for additional consideration in accordance with the direction of the Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26
Court's mandate, having granted leave, is to make the
decision that ought to have been made by the lower
court from which the appeal comes; or order a new trial if that is the proper decision (if the decision appealed from was «against the weight of the evidence); or remand the appeal or any part of the appeal to the court appealed from for additional consideration in accordance with the direction of the Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26
court from which the
appeal comes; or order a new trial if that is the proper
decision (if the
decision appealed from was «against the weight of the evidence); or remand the
appeal or any part of the
appeal to the
court appealed from for additional consideration in accordance with the direction of the Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26
court appealed from for additional consideration in accordance with the direction of the
Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26
Court: the Supreme
Court of Canada Act, R.S.C. 1985, c. S - 26
Court of Canada Act, R.S.C. 1985, c. S - 26, ss.
The TransCanada
decision came only a few days after the
decision of the Federal
Court of
Appeal ordering the federal government to renegotiate the terms under which the Trans Mountain pipeline crosses a First Nations reserve in British Columbia, raising new questions about the fate of Kinder Morgan Inc.'s federally approved plan to expand the pipeline.
And we were thrilled to see the
decision that
came down last week from the BC
Court of
Appeal - not least because one of the lawyers arguing for the workers was our own Susanna Quail (ok, me, it's me Susanna writing this).
This ruling
came after an
appeal by Lumalier Corp., on the May 2013
decision by the United States District
Court for the Eastern District of Michigan confirming that IPT did not infringe on two of Lumalier «s patents.
The takeaway for employees
comes more from my commentary than the
decision: Subject to what the
Court of
Appeal for Ontario has to say, in almost, but not all, cases, employees must «mitigate their damages.»
Despite the
decisions below (which found it would be unfair to convict the Respondent on the included offence and that s. 258 (1)(c) should not apply), the
Court of
Appeal reasoned that, since the included offence is «embraced» by the charged offence, it is not «totally different» and, therefore, should not
come «as a surprise» to the accused person.
Some of the more cryptic opinions to
come out of the South Carolina Supreme
Court simply state «We granted a writ of certiorari to review the court of appeals» decision in [case n
Court simply state «We granted a writ of certiorari to review the
court of appeals» decision in [case n
court of
appeals»
decision in [case name].
And for any readers who simply can't get enough when it
comes to
appeals involving the law school subjects of federal courts and civil procedure, today the U.S. Court of Appeals for the Ninth Circuit issued a decision resolving «whether the federal court in Guam has jurisdiction in disputes exclusively between aliens.
appeals involving the law school subjects of federal
courts and civil procedure, today the U.S.
Court of Appeals for the Ninth Circuit issued a decision resolving «whether the federal court in Guam has jurisdiction in disputes exclusively between aliens.&r
Court of
Appeals for the Ninth Circuit issued a decision resolving «whether the federal court in Guam has jurisdiction in disputes exclusively between aliens.
Appeals for the Ninth Circuit issued a
decision resolving «whether the federal
court in Guam has jurisdiction in disputes exclusively between aliens.&r
court in Guam has jurisdiction in disputes exclusively between aliens.»
The second challenge was dismissed in October 2014 by the High
Court, but permission was given for the
decisions in both Unison 1 and Unison 2 to
come before the
Court of
Appeal.
If the
Court of
Appeal decision is to stand, sexual harassment between colleagues would not be prohibited by human rights law; we say that harassment and discrimination in the workplace is wrong whether it
comes from your boss, your coworker or an independent contractor.
In
coming to its
decision, the
Court of
Appeal held that the administrative law framework set out in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190 applied, rather than the «appellate» framework, as an appeal of an insurance arbitration reviews the decision of a non-judicial decision
Appeal held that the administrative law framework set out in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190 applied, rather than the «appellate» framework, as an
appeal of an insurance arbitration reviews the decision of a non-judicial decision
appeal of an insurance arbitration reviews the
decision of a non-judicial
decision maker.
Citing Gillespie v. Patterson, 2006 NSCA 133 (CanLII), a
decision of Cromwell J.A. (as he then was) the
Court of
Appeal explained, ``... when it
comes to family law, a child's best interests must always be an overriding consideration with significant deference to the trial judge» (para. 5).