In a 2 - 1 decision, with Judge Chris Dillon agreeing in part with the majority, the three - judge
appeals court panel found that the repeal of teacher tenure in 2013, a bill signed by Gov. Pat McCrory, amounted to an illegal taking of contract and property rights.
The Advocate: Louisiana
Appeal Court panel finds public funding of Type 2 charter schools unconstitutional; decision may be appealed http://bit.ly/2ieudMd
In its ruling in R. v. Vachon,
the appeal court panel found that the judge in the 2008 trial of Jacques Vachon failed to take into consideration complaints by the accused that he had lost confidence in his lawyer, Germain Côté.
Not exact matches
The latest blow to the 5 - year - old Opportunity Scholarship program was dealt Nov. 12 by the full
panel of the 1st District
Court of Appeal in Tallahassee, which voted 8 - 5, with one abstention, to uphold an August decision by a three - member panel of that court that found the program unconstituti
Court of
Appeal in Tallahassee, which voted 8 - 5, with one abstention, to uphold an August decision by a three - member
panel of that
court that found the program unconstituti
court that
found the program unconstitutional.
The state of Texas today sued the U.S. Environmental Protection Agency in a federal
appeals court in Washington DC, claiming four new regulations imposed by the EPA are based on the «thoroughly discredited»
findings of the Intergovernmental
Panel on Climate Change and are «factually flawed,» 1200 WOAI news reports.
Also, the lower
court failed to issue a written factual recital of the sanctionable conduct, with the reference to the prior appellate decision not having any value given that the reviewing
panel did not
find the prior motion or
appeal frivolous.
After a district
court found that their use of those domain names infringed Toyota's trademarks, the Tabaris
appealed, and Lisa argued the
appeal before a three - judge
panel of the 9th Circuit.
In Carey v. Laiken, a seven - judge
panel unanimously dismissed an
appeal by Peter Carey, a former partner at Fogler Rubinoff LLP (now at Loopstra Nixon LLP), after the Ontario Court of Appeal found him to be in contempt for having violated a Mareva injun
appeal by Peter Carey, a former partner at Fogler Rubinoff LLP (now at Loopstra Nixon LLP), after the Ontario
Court of
Appeal found him to be in contempt for having violated a Mareva injun
Appeal found him to be in contempt for having violated a Mareva injunction.
Panels of the Divisional
Court and of the Ontario
Court of
Appeal upheld that decision and
found that the judge had discretion to order disclosure.
During oral arguments this morning before a three - judge District of Columbia
Court of
Appeals panel, Chief Judge Eric Washington said he
found the glasses issue to be one of the more compelling on
appeal.
While the Divisional
Court decided not to interfere with the society's
appeal panel's decision — and its penalty of a one - month suspension and an order to pay $ 200,000 in costs — it
found that there is a need to give lawyers wide latitude in terms of what they can say inside a courtroom when defending a client.
Because the arbitral
panel's original ruling centred on the lack of particularized evidence about the Unifor bargaining unit, which the
Appeal Court found to be unreasonable, it was open to the
courts to reverse the
panel.
For example, the BC
Court of
Appeal found that while a disciplinary
panel of the BC Veterinary Medical Association (now the College of Veterinarians of BC) had jurisdiction to address asserted racial discrimination by the
panel as a matter of bias, the tribunal could decline to address that issue as it was already before the Human Rights Tribunal.
In a unanimous decision released Sept 28, 2017, the Alberta
Court of
Appeal («ABCA») upheld a judicial review decision which
found that the majority of a grievance arbitration
panel («Majority Panel») had improperly decided that Suncor's random drug and alcohol testing policy was unenforce
panel («Majority
Panel») had improperly decided that Suncor's random drug and alcohol testing policy was unenforce
Panel») had improperly decided that Suncor's random drug and alcohol testing policy was unenforceable.
In one decision by the Ontario
Court of Appeal (OCA), a panel of the province's top court upheld a lower - court ruling that found a major international coffee chain responsible for part of the icy sidewalk at the entrance to its patio, where a woman fell and broke her ankle in a 2007 acci
Court of
Appeal (OCA), a
panel of the province's top
court upheld a lower - court ruling that found a major international coffee chain responsible for part of the icy sidewalk at the entrance to its patio, where a woman fell and broke her ankle in a 2007 acci
court upheld a lower -
court ruling that found a major international coffee chain responsible for part of the icy sidewalk at the entrance to its patio, where a woman fell and broke her ankle in a 2007 acci
court ruling that
found a major international coffee chain responsible for part of the icy sidewalk at the entrance to its patio, where a woman fell and broke her ankle in a 2007 accident.
A
panel of
Appeal Court judges in Alberta dismissed the appeal of a couple who were found guilty of failing to provide the necessaries of life to their 19 month old son, who died of meningitis in
Appeal Court judges in Alberta dismissed the
appeal of a couple who were found guilty of failing to provide the necessaries of life to their 19 month old son, who died of meningitis in
appeal of a couple who were
found guilty of failing to provide the necessaries of life to their 19 month old son, who died of meningitis in 2012.
In a much - anticipated decision — Government of Saskatchewan v. Saskatchewan Federation of Labour, 2013 SKCA 43 — a five - member
panel of the Saskatchewan
Court of
Appeal has
found that the Canadian Charter of Rights and Freedoms (the «Charter «-RRB- does not guarantee a right to strike for unions and their members.
Most recently, in R v Oakes, 2016 ABCA 90, the case that is my topic here, the majority ruling of Justices Myra Bielby and Frederica Schutz, at para. 11, adopted the opinion in R v Truscott (2007), 225 CCC (3d) 321 (Ont CA) where a unanimous five member
panel of the Ontario
Court of
Appeal stated, at para. 110, that the power to overturn a conviction
founded in a miscarriage of justice, ``... can reach virtually any kind of error that renders the trial unfair in a procedural or substantive way.»
The insurer argued that $ 150 should be considered reasonable because it was the rate accepted by
panel attorneys; but the
Appeals Court found that the definition of a reasonable fee should be based on market rates, rather than
panel rates.