Sentences with phrase «appellate authority»

(1) extending negligent misrepresentation beyond «business transactions» to product liability, unprecedented in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the defendant following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or appellate authority; (5) imposing strict liability on an entity not in the product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of fiduciary duty for engaging doctors to serve as expert witnesses in mass tort litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.

The parties were unable to produce any Canadian case law in which punitive damages were awarded as a result of injuries sustained in a motor vehicle accident caused by an impaired driver nor were they able to produce any appellate authority that prohibited such damages in this context.

They explain the approximately fifteen months of delay on the basis that, prior to Resurface [sic], conflicting appellate authority on causation made success on appeal very uncertain.

This was even more so because there was limited jurisprudence and little appellate authority on the scope of the duty of good faith.

Without specifying exactly what «significantly unfair» means, the government has created a huge amount of uncertainty while we wait until some clear appellate authority is established.

The Crown maintains appellate courts must follow their own precedents and that «subject to a few exceptions or procedures, appellate authority binds all judges and panels of that court».

This ruling appears to be out of step with appellate authority which holds the costs borne by an insured to secure his or her right to a defence under an insurance policy should be paid on a full indemnity basis.

As noted by the district court, there is very little appellate authority on the definition of «undue hardship» in the context of 11 U.S.C. § 523 (a)(8)(B).

Not exact matches

What appears to have been a carefully crafted strategy then unfolded: The state authorities acted; Griswold and Buxton were charged, tried, convicted, and fined $ 100 each; and the lower court decision was upheld by the relevant Connecticut appellate courts (including the splendidly named «Connecticut Supreme Court of Errors»).

Feinman, an appellate judge, replaces Sheila Abdus - Salaam, who died in April in what authorities believe was a suicide.

Common sense should have informed the Government that the provisions of Article 280 (2) entrusting to the Court of Appeal appellate jurisdiction over such adverse findings would have been meaningless if the Government had a first administrative review authority to selectively overrule or reject or confirm such adverse findings made against persons by the Commissioner appointed under Article 278.

«The District Court's charge, encompassing «any action taken or to be taken under color of official authority,» was overbroad,» the appellate decision states.

The seven - member Court of Appeals heard oral arguments yesterday in two cases where a midlevel appellate court unanimously concluded last year that state oil and gas law doesn't trump the authority of local governments to control land use.

The Supreme Court only has appellate jurisdiction over this case; the district court is the entity that has the authority to decide this on first instance.

I have no idea where the CJ would get the authority not just to reach down and expedite a pending appeal but to order that cases in varying states of disarray (and maybe some have not even been filed yet) resolved at the trial level and the first appellate level and brought up to the Court of Appeals, IF the top court even has jurisdiction over each distinct dispute, within a fixed time.

Citing the authority of Bamaiyi vs State, he stressed the need to hear his application to severe the trial of the defendants, adding that where same is refused, then it will become a proper subject for reference to the appellate court.

A U.S. appellate court ruled that the FTC has the authority to sue Wyndham Hotels for allowing hackers to steal more than 600K customers» data from its computer systems in 2008 and 2009, leading to more than $ 10 million in fraudulent charges.

Also, the judge is within his rights to punish the potential juror if he determines that the potential juror is actually lying about his ability to be impartial in an effort to evade jury service rather than because he sincerely believes that he can't be fair, and judges have wide authority to determine the credibility and truthfulness of statements made to him in open court (i.e. if the trial judge finds that you are lying, this determination will almost always be honored by an appellate court considering the judge's actions).

Enjoy this quote: «Responsible (not to mention, effective) appellate advocacy requires confronting serious potential obstacles, not burying one's head in the sand to them, be there potentially controlling adverse authorities or problematic portions of the record.

However, a court may reduce (modify) to include any of the requirements relating to probation and community control, a legal sentence imposed by it within 60 days of its imposition; after the receipt by the court of a mandate issued by the appellate court upon affirmance of the judgment and / or sentence upon an original appeal; after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and / or sentence; or if further appellate review is sought in a higher court or in successively higher courts, after the highest state or federal court to which a timely appeal has been taken under authority of law, or when a petition for certiorari has been timely filed under authority of law, has written an order of affirmance or an order dismissing the appeal and / or denying certiorari.

The Virginia Court of Appeals ruled that husband had waived his argument that the circuit court erred in ruling that Husband's adultery was the primary cause of the dissolution of the marriage because Husband failed to cite legal authority in support of his argument in his appellate opening brief as required by Rule 5A: 20 of the Rules of the Supreme Court of Virginia.

The appellate court did agree with husband's argument that the trial court lacked the legal authority to award husband's GI Bill benefits to wife, and reversed that portion of the divorce decree.

In its May 10th decision, Quebec's appellate court answered «no» to the question of whether «the Constitution of Canada authorize the implementation of pan-Canadian securities regulation under the authority of a single regulator, according to the model established by the most recent publication of the «Memorandum of Agreement regarding the Cooperative Capital Markets Regulatory System.»»

And in an appeal to authority, he noted that «[i] n fact, our forthcoming treatise — written with 13 appellate judges — is tentatively titled Caselaw.»

There's a much more in - depth course on legal research for Courtroom5 members, and there's a nationwide database of appellate cases inside the member toolset for locating the legal authorities you need for your case.

takeoverpractice.ch analyses all published decisions of the Takeover Board and of the appellate bodies, i.e. the Financial Market Supervisory Authority and the Federal Administrative Court, rendered since 1 January 2009.

A recent Utah Supreme Court decision sets forth a good example of how not to use out - of - state authority when writing an appellate brief on a question of first impression.

Sherridan regularly appears in the Employment Relations Authority, the Employment Court, the High Court and appellate courts, and at arbitrations and mediations.

«In short, the plaintiffs have failed — both as a matter of statutory interpretation and as a matter of facts alleged — to state a claim that the [FHFA] acted outside its authority as a conservator and thereby lost the protection of section 4617 (f),» according to the appellate panel.

The decision in CITIC is instructive in demonstrating a cautious approach by an appellate court to the encroachment of legal professional privilege where the crime - fraud exception is invoked by a prosecuting authority in the context of, and (presumably) in aid of, anticipated criminal proceedings.

Blocher argues that while this makes sense as a way of allocating decisionmaking authority between trial and appellate courts based on their relative strengths, he does not see how those arguments apply at all to instant replay in sports, which he characterizes as «just appeals of a different kind.»

Or, one will see cases in which the judge refers to a long list of cases — some appellate, some co-ordinate, all of which deal with the point in issue — and concludes with the line that since neither counsel cited the binding authorities, let alone any, nobody gets costs.

In their findings, the appellate judges cited several authorities to determine that animals lack standing specifically under the Copyright Act to pursue claims against people like Slater.

The various provincial and federal bodies that exercise recommendatory discipline authority over judges do not exercise appellate jurisdiction.

If you have to do appellate briefs that require a Table of Authorities, you have my sincerest sympathies.

The appellate court agreed that the fee claimants had not met their burden of showing that the loser should pay fees; no proper English legal authority was cited, and it was too late to do so on appeal.

At the end of the day, the next appellate court (or BC trial court) will be left with the question of which line of authority to follow: the ratio of the BCCA decision in Sechelt (binding on lower courts in that province) or the obiter dicta (see paras 98 & 99) of the Supreme Court in Tsilhqot» in.

[5] Although no federal appellate court decision has yet addressed the issue, there currently is a split in authority at the district court level as to whether the limitations periods for FMLA (and, by analogy, FLSA and EPA) claims may be contractually shortened.

We are at a loss to understand upon what principle of law, applicable to appellate jurisdiction, it can be supposed that this court has not judicial authority to correct the last - mentioned error because they had before corrected the former, or by what process of reasoning it can be made out that the error of an inferior court in actually pronouncing judgment for one of the parties in a case in which it had no jurisdiction can not be looked into or corrected by this court because we have decided a similar question presented in the pleadings.

Practically speaking, these decisions failed to clarify what authority appellate courts wield in the sentencing process, and how appellate judges should exercise that authority.

«While a handful of district courts, following Booker, have taken it upon themselves to lower guideline ranges for crack offenses based on a perceived unfairness in comparison with sentencing for powder cocaine crimes, this is plainly beyond judicial authority, and the appellate courts to address the matter have unanimously rejected this result.

S209376 (unpublished appellate decision): is a trial court award of statutorily - mandated fees and costs incurred on appeal subject to the Enforcement of Judgments Statutes if the statutory authority underlying the award is the Elder Abuse Act?

Thus the authorities make it clear that it is not for an appellate court to re ‑ weigh the evidence or to interfere on the basis that the appellate court would give more weight than the trial judge did to one factor or another or, in the words of the Court in Hickey, that it would have «balanced the factors differently.»

Hamer provides a helpful discussion of the jurisdictional and rules - based authority of federal appellate courts.

DALLAS — Dallas attorney, ADR authority, and former Texas Supreme Court Justice Deborah Hankinson has been selected to D Magazine's listing of the Best Lawyers in Dallas for appellate law.

The Court referenced authorities indicating how difficult it is to make the «different standards of scrutiny» argument on appeal, as credibility attracts high level of deference and appellate courts are rather skeptical of such arguments.

Primary authority is binding on a court if the definition comes from a higher court in the direct appellate chain of the deciding court, it is persuasive otherwise.

This increase in diminution claims can be contrasted with the dearth of case law providing guidance on the appropriate principles that should be applied to them; this writer's research uncovered one Court of Appeal authority from 1974, one Scottish appellate decision, one district judge - level judgment on Lawtel and a handful of brief reports on county court - level cases on current law.

It is not necessary that the appellate immigration authority, directing itself along the lines indicated in this opinion, need ask in addition whether the case meets a test of exceptionality.

«In an Article 8 case where this question is reached, the ultimate question for the appellate immigration authority is whether the refusal of leave to enter or remain, in circumstances where the life of the family can not reasonably be expected to be enjoyed elsewhere, taking full account of all considerations weighing in favour of the refusal, prejudices the family life of the applicant in a manner sufficiently serious to amount to a breach of the fundamental right protected by Article 8.