Sentences with phrase «appeals court judges do»

Federal appeals court judges do not seem eager to embrace the arguments of lawyers seeking a new trial for former New York Senate leader Dean Skelos and his son.

Federal appeals court judges don't seem eager to embrace the arguments of lawyers seeking a new trial for Republican former New York Senate leader Dean Skelos.

Schneiderman said the federal appeals court judges do have the power to ultimately order that the subsidies have to be paid.

Not exact matches

But the judges in their 2 - 1 decision didn't propose an immediate fix, and Texas could appeal to the U.S. Supreme Court.

Even if Schneiderman does take the case to court, it will probably go through years of appeals through the New York system, with the case going in front of 13 judges who will each have their take on what constitutes gambling.

In a majority opinion written by Judge Christopher F. Droney, the appeals court said the Barry Diller - backed Internet company does not appear to violate copyright law because subscribers are assigned to their own tiny antennas at Aereo's Brooklyn data centre.

The federal appeals court in New York ruled that Aereo did not violate the copyrights of broadcasters with its service, but a similar service has been blocked by judges in Los Angeles and Washington, D.C.

They had the courts do it for them; they put the judges in they wanted, then they failed to appeal, failed to fight the case in court.»

Overturning a lower court's decision that ruled that the laws unconstitutionally limited access to abortion in the state, New Orleans - based 5th Circuit Court of Appeals judges wrote, «on its face does not impose an undue burden on the life and health of a woman.&rcourt's decision that ruled that the laws unconstitutionally limited access to abortion in the state, New Orleans - based 5th Circuit Court of Appeals judges wrote, «on its face does not impose an undue burden on the life and health of a woman.&rCourt of Appeals judges wrote, «on its face does not impose an undue burden on the life and health of a woman.»

The appeals court said Judge Valerie E. Caproni's instructions to jurors in 2015 did not comply with a later U.S. Supreme Court decision that narrowed the acts required to convict public officials in a quid pro quo bribery scheme to formal exercises of government power, not just meetings or telephone ccourt said Judge Valerie E. Caproni's instructions to jurors in 2015 did not comply with a later U.S. Supreme Court decision that narrowed the acts required to convict public officials in a quid pro quo bribery scheme to formal exercises of government power, not just meetings or telephone cCourt decision that narrowed the acts required to convict public officials in a quid pro quo bribery scheme to formal exercises of government power, not just meetings or telephone calls.

Otherwise, «any powerful person who asks someone to do something is committing a federal crime because people are afraid of powerful people and want to curry their favor,» Appeals Court Judge Richard Wesley noted in the Silver hearing.

The timetable places the burden of actually closing the complex on the mayor's successor, and the plan does not have a schematic for locating the replacement jails bordering the criminal court buildings in each of the five boroughs, as called for in a report former state Court of Appeals Chief Judge Jonathan Lippman co-authored earlier this court buildings in each of the five boroughs, as called for in a report former state Court of Appeals Chief Judge Jonathan Lippman co-authored earlier this Court of Appeals Chief Judge Jonathan Lippman co-authored earlier this year.

All the men also pointed to the things they did get done, including a five - year renewal of Kendra's law, the appointment of a new chairman for the Metropolitan Transportation Authority and Court of Appeals judge, legislation requiring state contracts to use American - made steel and allow medical marijuana to be prescribed for post-traumatic stress disorder.

If the Senate does not act until into the New Year, that means the Court of Appeals will begin meeting January 4th with two judges missing.

Bharara did appear in the ornate Court of Appeals chambers with Cuomo to witness the swearing in of the Governor's pick for the new chief judge, Janet DiFiore.

About the only person who seemed determined to treat Mr. Bharara's appearance as a nonevent was Mr. Cuomo, who sat facing Mr. Bharara but did not speak to him at the swearing - in ceremony of Janet DiFiore, the state's new top judge, at the Court of Appeals.

The appeals court judges who overturned Silver's conviction did not label any of the evidence presented in his case erroneous.

John Cahill, former secretary to ex-GOP Gov. George Pataki; AFL - CIO President Denis Hughes (also serving on Cuomo's transition team this year); George Bundy Smith, former Court of Appeals judge (a Mario Cuomo appointee); ESPA Executive Director Ross Levi (also doing double - duty on the Schneiderman and Cuomo transitions); Sean Patrick Maloney (2006 AG contender, aide to Govs. Spitzer and Paterson); Marty Mack (former Spitzer / Paterson aide); Jerry Goldfeder (election attorney and former Cuomo aide); Richard Aborn (’09 Manhattan DA contender).

The judges in the redistricting case, Reena Raggi and Gerard E. Lynch of the United States Court of Appeals for the Second Circuit and Dora L. Irizarry of Federal District Court in Brooklyn, noted that the magistrate judge they assigned to draw the new map managed to do in just two weeks what lawmakers «have been unable, or unwilling, to provide New York State voters in more than a year.»

They're overseen by Janet DiFiore, the chief judge of the state Court of Appeals and the executive order therefore doesn't apply, said Lucian Chalfen, a spokesman for the Office of Court Administration.

«Judge Lippman has done a decent job as Chief Justice of the Court of Appeals.

If the Senate does not act until into the new year, that means the Court of Appeals will begin meeting January 4 with two judges missing.

He insisted he would only refer the case to the court of appeal if «he believes that it falls significantly below what any judge could reasonably have passed», and stressed his actions so far did not imply any criticism of the sentencing judge.

The city did file a notice of appeal on Feb. 1 of two earlier decisions by state Supreme Court Judge James Murphy rejecting the city's attempt to take back ownership of the land around the harbor from COR and canceling liens the city had placed on the property.

On Oct. 27 of last year, appeals court judge Karen Peters reduced Dixon's sentence and did away with his criminal record.

Both the Appeal Court and the Justice himself, should have taken cue from a similar matter involving President Jonathan which was assigned to a Judge from Bayelsa State, but the Honourable Judge disqualified himself on the ground that he may not do justice to the matter and the case was subsequently returned to the FCT Chief Judge for re-assignment to another Judge from another state.

But the High Court ruled that NHS England does have the legal power to commission PrEP, a decision that has now been supported by three Court of Appeal judges, who decided to rule in favour of the National Aids Trust.

The challengers — an alliance of energy and fossil fuel companies and coal - producing states — wanted the court «to do something that they candidly acknowledge we have never done before: review the legality of a proposed rule,» wrote Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit in an opinion unanimously backed by a three - judge pcourt «to do something that they candidly acknowledge we have never done before: review the legality of a proposed rule,» wrote Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit in an opinion unanimously backed by a three - judge pJudge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit in an opinion unanimously backed by a three - judge pCourt of Appeals for the District of Columbia Circuit in an opinion unanimously backed by a three - judge pjudge panel.

The distinctive contribution of Dunn's book is to emphasize the degree to which the district judge was not acting arbitrarily (though to some degree he was), but was constrained in what he could do by an appeals court following Supreme Court deciscourt following Supreme Court decisCourt decisions.

Connecticut Attorney General George Jepsen appealed the ruling to the Connecticut Supreme Court, which announced on September 20, 2016 that it would hear the appeal and issued a stay on Judge Moukawsher's order, but did not set a date for the hearing.

A Los Angeles Superior Court judge agreed; an appeals court didCourt judge agreed; an appeals court didcourt did not.

Last month, a three - judge panel of the 1st District Court of Appeal upheld a lower court's ruling that the opponents of the program don't have stanCourt of Appeal upheld a lower court's ruling that the opponents of the program don't have stancourt's ruling that the opponents of the program don't have standing.

Chrysler didn't satisfy the stringent standards for blocking a recall, the three - judge panel for the U.S. Court of Appeals for the District of Columbia said Friday.

The US Appeals Court has rejected Apple's bid to oust its court - appointed antitrust monitor, after Cupertino failed to convince the panel of three judges that he was doing the company irreparable Court has rejected Apple's bid to oust its court - appointed antitrust monitor, after Cupertino failed to convince the panel of three judges that he was doing the company irreparable court - appointed antitrust monitor, after Cupertino failed to convince the panel of three judges that he was doing the company irreparable harm.

As to the outcome of the appeal, I have read both the State's appeal and GYRO's response and my opinion, having absolutely no legal background, is that I don't see that the State has much of a case; they seem to have thrown themselves on the mercy of the court and asked the judge to be «fair» to the people of New York who will have to pay the large settlement cost.

Little did I know that, in the dank toilet of DC justice, they can, on the one hand, have two trial judges simultaneously ruling on the same case while, on the other hand, be entirely unaware of whether their own anti-SLAPP law is appealable and thus require a decision from the Appeals Court on whether the law is appealable before the appeal can be appealed.

Does nt Happen» According to California's constitution, judges of the supreme court and courts of appeal are nominated by the governor and must be confirmed by the commission on judicial appointments, which consists of the chief justice, the attorney general, and a presiding justice of the courts of appeal.»

March, 2016 The Arizona Capital Times wrote that the state Court of Appeals overturned the ruling of a trial judge who said that the University of Arizona did not need to disclose 1,700 emails and other records from Jonathan Overpeck and Malcolm Hughes.

Although Saskatchewan Appeal Court Justice Justice Ralph Ottenbreit allowed McKercher to continue acting for Wallace, overturning a lower court ruling, the judge found «McKercher did breach its duty of loyalty» for «dumping» CN the way itCourt Justice Justice Ralph Ottenbreit allowed McKercher to continue acting for Wallace, overturning a lower court ruling, the judge found «McKercher did breach its duty of loyalty» for «dumping» CN the way itcourt ruling, the judge found «McKercher did breach its duty of loyalty» for «dumping» CN the way it did.

In its decision, the Ontario Court of Appeal noted the trial judge «made many errors» stating the original interpretation did not take into consideration that a two - step process involving consultation by both the province and the federal government is unnecessary, as the treaty right is protected.

Yet what did the judges of the Fifth Circuit Court of Appeals (led by «tough on crime» Edith Jones) do?

However, the Court of Appeal did indicate that well documented fee submissions should be the norm, discussing situations where trial judges have great discretion to reduce requests for block billed time entries.

First, the Court of Appeal reasoned that since the Courts of Justice Act gives the court discretion to vary the interest rate and period, the plaintiffs in tort actions involving motor vehicle accidents do not have a vested right in a particular rate of prejudgment interest until the trial judge determines the interest Court of Appeal reasoned that since the Courts of Justice Act gives the court discretion to vary the interest rate and period, the plaintiffs in tort actions involving motor vehicle accidents do not have a vested right in a particular rate of prejudgment interest until the trial judge determines the interest court discretion to vary the interest rate and period, the plaintiffs in tort actions involving motor vehicle accidents do not have a vested right in a particular rate of prejudgment interest until the trial judge determines the interest rate.

But a High Court judge and Court of Appeal judges concluded they did not have the «jurisdiction» to make such an order because the girl was not habitually resident in the UK when legal proceedings were launched.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, and accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against conviction dismissed — Although trial judge did not address analytical steps in order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred in any other fashion than as stated by victim — Having provided reasons for accepting victim's evidence, trial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resulted.

Upholding the judge's finding of liability on the 93A clam, the Appeals Court held that the former employer - employee relationship between the plaintiff and the individual defendant «does not stand as a bar» to the chapter 93A claim and that his conduct was «actionable independent of his contractual obligations.»

The courts held that an injunction could be granted where it was just and proportionate to do so and that a judge hearing an injunction application could not consider the merits of the planning decision as this was a matter for the appeal stage.

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.

On Friday, it didn't take long (after this blog was first to highlight the issue because I had been following the «Posner case» in detail over the years) before the appeals court ruling affirming Judge Posner's claim construction of the» 647 patent was discussed everywhere, and that was good.

Considering what a mess the Monday testimony and lawyer argument on the effect of the new claim construction was (because, frankly, both parties had previously hedged their bets as they didn't know what the appeals court would do), the jury is probably now very confused about it (and Judge Koh did the right thing by denying both parties» motions for judgment as a matter of law since there are reasonable arguments for and against infringement, for and against validity).