Not exact matches
A majority of the
judges on a federal
appeals court seemed skeptical of the government's defense for President Donald Trump's executive order restricting travel, during courtroom arguments Monday.
The football world
seemed ready to put this issue to rest, but on Monday morning, the
Court of
Appeals for the Second Circuit reversed
Judge Berman's ruling and ordered the reinstatement of Tom Brady's 4 - game suspension.
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.
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.
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.
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.
Since the Chambers
Judge's order «would
seem to prevent the Province from pursuing all enforcement remedies against [the Respondent], regardless of whether they relate to a specific
court proceeding», the Court of Appeal agreed the order inappropriately restrained the lawful conduct of a government official and was, therefore, in the nature of an injunction against the C
court proceeding», the
Court of Appeal agreed the order inappropriately restrained the lawful conduct of a government official and was, therefore, in the nature of an injunction against the C
Court of
Appeal agreed the order inappropriately restrained the lawful conduct of a government official and was, therefore, in the nature of an injunction against the Crown.
Against that background, Apple only asked for 60 cents per device from Motorola (which still
seemed too much for
Judge Posner, though not for the
appeals court), less than one - twentieth of its per - unit damages demand from Samsung in the current case, in which Apple pursued a broader claim construction that enabled it to claim ownership of the whole feature as opposed to a particular internal architecture that can be avoided.
«In short, despite the goals of the Child Protective Services Law, the trial
judge seems to have done everything in her power to alienate these parents from their child, appears to have a fixed idea about this matter and, further, she prohibited evidence to be introduced that might have forced her to change her opinion,» the
appeals court said.
The
Court of
Appeal in Imerman therefore
seems to be suggesting that if wives discover documentation, they are to rely upon their memory of the documents seen or embark upon a course of action well after the horse has bolted which could prove prohibitively expensive, and which has previously been
judged «oppressive» and «a rare weapon for use in extreme or exceptional circumstances» (Burgess v Burgess).
The trial
judge's statement of when the but - for test «may be relaxed», if it is intended to relate back to the material contribution test — as it
seems to be — amounts to a version of the claim that the Alberta
Court of
Appeal made in Resurfice, which the Supreme
Court expressly rejected.
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 Aristo
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 Aristo
Appeal may have to determine whether Fisher is consistent with Aristorenas.
Mind you, all of the
judges in various
courts so far who have heard IRP
appeal cases
seem balanced, decent and fair.
In any event, once upon a time, even longer ago, a
judge of the Ontario Superior
Court (who later became a
judge of the Ontario
Court of
Appeal) made the pointed and poignant observation that it «ignores reality» to expect that a trial
judge will use technical principles of stare decisis to avoid applying what
seems to be his or her own
Court of
Appeal's current thinking on some issue.
Some justices
seemed sympathetic to the problems caused by splintered opinions for lower
court judges especially when, as Chief Justice John Roberts Jr. put it, «If I'm a
court of
appeals judge, it
seems to me the most important thing in deciding the case is to make sure that I'm not reversed.»