Sentences with phrase «appeals judge upheld»

A New York state appeals judge upheld a conviction against former Goldman Sachs programmer Sergey Aleynikov on Thursday — likely...
Shortly after three federal appeals judges upheld a block of Donald Trump's travel ban for seven Muslim majority countries, POTUS fired back.
But the appeal judges upheld the decision of the Lord Ordinary that the actions could proceed to proof.

Not exact matches

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.
His administration is challenging the suspension ruling, which was upheld last week by appeal court judges.
The judge accepted that and acquitted both men, a verdict upheld on appeal.
7th US Circuit Court of Appeals nominee Amy Coney Barrett, a Notre Dame law professor, was questioned intensely about her Catholic faith as a result of past writings expressing her beliefs on whether Catholic judges should recuse themselves from death - penalty cases if they believed they would be unable to impartially uphold the law, writing that — in limited situations — judges should step back in cases that conflict with their personal conscience.
A three judge 9th U.S. Circuit Court of Appeals panel last week upheld Robart's ruling.
As a judge in the Tenth Circuit Court of Appeals, Gorsuch wrote a concurring opinion supporting Hobby Lobby's contraception mandate exemption — a ruling ultimately upheld by the Supreme Court.
USA Today: Ruling lets S.C. students earn credit for religion classes In a ruling that advocates called «a tremendous victory for religious education,» a three - judge panel of the 4th Circuit U.S. Court of Appeals upheld the right of a school district to award high school credit for religious courses, as long as they meet secular standards.
An appeals court has upheld a ruling by a federal judge that effectively overturned his conviction in the sexual assault and murder of Teresa Halbach more than 10 years ago.
In the ruling from Judge Howard Levine, who was appointed a hearing officer in Kellner's appeal, both the Ethics Committee's ruling that the Manhattan Democrat engaged in inappropriate behavior that created a hostile working environment as well as Silver's decision to impose penalties were upheld.
Judge Philip Minardo ruled last year that Oddo — whose office is responsible for assigning new street numbers and names in private developments — was within his rights to keep the names and the appeals court upheld the decision.
An appeals court judge has upheld a previous ruling that the MTA's policy of refusing all political and religious ads in the transit system is legal, meaning the agency can continue to reject controversial posters by firebrand Pamela Geller and the anti-Muslim American Freedom law Center — for now.
Her decision was upheld by a unanimous Court of Appeals panel comprised of judges appointed by different presidents from different parties with different juridical philosophies.
In a decision later upheld in the first appeal, a state Supreme Court justice ruled that given the island's location, the judge's special status is reasonable.
A five - judge panel from the Court of Appeals, the state's highest court, upheld the appellate ruling last week, setting the stage for Friday's count.
The redistricting process was upheld by a three - member panel of state judges in early July 2013, and is expected to be appealed.
When several of Wettje's ballots were disqualified by Judge Victor Alfieri in mid-December and the ruling was upheld on appeal, Stewart ended up with a two vote win for the ages.
ALBANY — The Court of Appeals on Thursday upheld a lower court ruling that a judge can not use the threat of contempt charges to compel a district attorney to prosecute a case, specifically addressing Albany County district attorney David Soares» decision not to prosecute Occupy Albany protesters.
Federal Judge Royce Lamberth upheld the appeals court ruling.
The U.S. Court of Appeals for the Seventh Circuit, acting in a case that has been closely monitored across the nation, has upheld a federal district judge's order freezing $ 47.5 - million in Education Department funds pending the Reagan Administration's payment of desegregation aid to Chicago's schools.
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 standing.
Three judges for the U.S. Court of Appeals upheld the right to an appeal.
Last year, a panel of California appeals judges three paint manufacturers responsible for the health hazards of lead paint in California homes and upheld an order that they pay to abate the dangers.
Earthjustice represented three environmental justice groups and challenged the impact statement, which a lower court judge found illegal, whose opinion was upheld by a state court of appeal.
A group representing several energy companies and ratepayers said it would appeal a federal judge's ruling that upholds New York's plan to subsidize nuclear power plants in the state.
A 9th U.S. Circuit Court of Appeals decision is pending on whether to uphold U.S. District Court for the Northern District of California Judge Vince Chhabria's order sending those suits back to state court from federal court.
Pai may have a difficult road ahead, as the United States Court of Appeals for the District of Columbia Circuit upheld the government's position on net neutrality rules in a 2 - to - 1 decision from a three - judge panel just this past year.
The decision might seem harsher still, since it is an example of an appellate judge who reviews a discretion - based decision of the judge below, and concludes that he would not have made the variation order himself, at first instance; but upholds the decisions and, correctly, dismisses the appeal, because it can not be said that the district judge was wrong or that his decision was outside the range of discretionary decisions that was properly open to him.
The defendant appealed, first to a judge of the Federal Court, who had upheld the prothonotary's decision.
The Court of Appeal upheld the decision of the trial judge who found that the defendants should pay 75 % of the claimants» costs and that the claimants should pay the costs of the defendants» counterclaim.
Rankin's Garage & Sales appealed the decision, and the Ontario Court of Appeal upheld the trial judge's finding that Rankin owed a duty of care to J.J., dismissing the aAppeal upheld the trial judge's finding that Rankin owed a duty of care to J.J., dismissing the appealappeal.
The Court of Appeal upheld the decision of the trial judge, who used the Guidelines to determine spousal support but concluded that any economic disadvantage suffered by Mrs. Fisher as a result of the marriage was not sufficient to warrant indefinite support.
While there appeared to be a consensus for years that strict language was required to displace the common law without infringing on the ESA, Rose says a 2016 Ontario Court of Appeal decision dismissed an appeal from a motion judge's ruling upholding a termination clause — providing «the minimum required by the ESA» — that was linguistically sparse compared to earlier ruAppeal decision dismissed an appeal from a motion judge's ruling upholding a termination clause — providing «the minimum required by the ESA» — that was linguistically sparse compared to earlier ruappeal from a motion judge's ruling upholding a termination clause — providing «the minimum required by the ESA» — that was linguistically sparse compared to earlier rulings.
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.»
See also Ram v. Prasad, 1999, 28 E.T.R. (2d) 140, where the B.C. Court of Appeal upheld the trial judge who awarded special costs against the defendant.
found that the fact that the «award was reviewed and upheld by the trial judge» and unanimously affirmed on appeal gave rise «to a strong presumption of validity.»
In this recent Alberta case, upheld on appeal, the plaintiff was videoed in both of these situations and, based this evidence; the judge found that the plaintiff was untruthful.
Gladue appealed the sentencing decision to the British Columbia Court of Appeal, which upheld the original sentence as adequate but felt it necessary to clarify section 718.2 (e) of the Criminal Code as interpreted by the trial judge.
2017), where the Virginia Court of Appeals upheld the Chesterfield County Circuit Court judge's award of spousal support to wife in the amount of $ 12,000 a month, on top of a $ 2.5 million dollar equitable distribution award.
The British Columbia Court of Appeal recently upheld a trial judge's decision that human sperm is property.
The Court of Appeal later upheld the judge's decision.
In reasons for judgment released this week, the Court of Appeal in Donaldson v. Dorworth, 2017 BCCA 236, dismissed the plaintiff's appeal of the trial judge's decision to uphold the defence jury nAppeal in Donaldson v. Dorworth, 2017 BCCA 236, dismissed the plaintiff's appeal of the trial judge's decision to uphold the defence jury nappeal of the trial judge's decision to uphold the defence jury notice.
Reversing the decision of the Court of Appeal and restoring the determination of the trial judge (upheld in the High Court on appeal) the Supreme Court concluded that the facts in the present case did give rise to an inference that the intentions of the parties (to own the property in equal beneficial shares, consistent with their legal ownership) did change when Mr Kernott acquired his own property independently of Ms Appeal and restoring the determination of the trial judge (upheld in the High Court on appeal) the Supreme Court concluded that the facts in the present case did give rise to an inference that the intentions of the parties (to own the property in equal beneficial shares, consistent with their legal ownership) did change when Mr Kernott acquired his own property independently of Ms appeal) the Supreme Court concluded that the facts in the present case did give rise to an inference that the intentions of the parties (to own the property in equal beneficial shares, consistent with their legal ownership) did change when Mr Kernott acquired his own property independently of Ms Jones.
The Court of Appeal, by a majority, upheld the circuit judge who had upheld the registrar... who had dismissed the claim.
The trial judge denied to issue such an injunction and today the Appeals Court upheld the trial judge's ruling.
In this case, the Court of Appeal upheld the judge's decision not to permit publication of his judgment, but allowed the appeal against the refusal to allow publication of a suAppeal upheld the judge's decision not to permit publication of his judgment, but allowed the appeal against the refusal to allow publication of a suappeal against the refusal to allow publication of a summary.
All of these judges followed the Al - Adsani majority in upholding the immunity of the Saudi state, but there was a stark difference between the Court of Appeal and House of Lords judges on the liability of the individual officials.
Under normal circumstances independent legal advice, if properly given should be sufficient to rebut any presumption of undue influence, but that was not the case in Cowper - Smith v Morgan 2016 BCCA 200 where the Court of Appeal upheld the trial judge in finding inter alia, that the independent legal advice provided was inadequate to rebut the presumption of undue influence.
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