Sentences with phrase «appellate cases as»

Not exact matches

Indeed, this case has previously been cited as good law by an intermediate appellate court that is part of the state court system of Florida.

While making his intent known, he said, as a believer in the judicial system of the country, he would prosecute the case and go ahead with an appeal before the appellate court.

Saraki said the appellate court erred in law when it affirmed the competence of the proceedings of the CCT, which sat on the appellant's case with only two members as against the three provided for in the provisions of Paragraph 15 (1) of the Fifth Schedule to the 1999 Constitution.

«We consider this a VERY big victory for the WEP, as now all three appellate courts to hear the issue agree with us that the Gold WEP rules govern the operation of the WEP,» said Steven C. Russo, an attorney for Greenberg Traurig, which argued the cases for the governor's allies.»

In all the other Cases before mentioned [within the judicial power of the United States], the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.»

Making reference to the Courts Act of 1993 (Act 459), Mr Justice Ofoe said Section 31 (2) holds that «an appellate court, on hearing an appeal in a criminal case, shall allow the appeal if the appellate court considers (a) that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or can not be supported having regard to the evidence, or (b) that the judgement in question ought to be set aside as a wrong decision on a question of law or fact, or (c) that there was a miscarriage of justice, and in any other case shall dismiss the appeal.»

Of course, the Supreme Court has appellate jurisdiction, as they do in all cases, except as prohibited by the 11th Amendment.

In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

He established a bureau system, assigning certain prosecutors and staff to specific units, such as Major Crimes, Domestic Violence - Special Victims, DWI - Drugs, and appellate cases.

A Gazalli objected to Dasuki's Case, arguing that the ECOWAS Court has no jurisdiction to enforce the bail conditions because it can not sit as an appellate court to the Nigerian Court.

As a word of caution, there could be a reason our appellate Courts have not had a case where the landlord knew of those elements.

The game makers are wrong to argue that the Federal Circuit should rehear the case because the appellate court panel allegedly created a «safe harbor» for technological ideas, as the court simply followed precedent for abstract claims as set by Alice Corp. v. CLS Bank International, a 2014 U.S. Supreme Court decision that held that abstract ideas implemented using a computer are not eligible for a patent, asserted McRO Inc. in its brief.

At the California Appellate Report blog, Shaun Martin points to the recent case of People v. Moore as the latest example of why the appellate courts really, really wish the trial courts would not try to explain the concept of «beyond a reasonable doubt» to jurors.

Yet, as we all know, your average case law update spends maybe two paragraphs describing the impact of the ruling and close to 10 or 12 paragraphs setting out the background facts, the arguments by counsel, the findings of the trial judge (with quotes) and the conclusions of any appellate decisions (also with quotes).

Lawrence Robbins operates in both the appellate and trial litigation spheres, with considerable strength in criminal cases as well as civil disputes.

Finding that the defense would be unjustly prejudiced by allowing the case to proceed toward a jury trial without permitting the defendant's expert to examine the plaintiff as the plaintiff's own expert had, the appellate court granted the writ of mandamus, forcing the lower court to honor the defendant's request.

He is in demand as a source of authoritative expertise in some of the most significant appellate cases handled by the firm.

[26] In a case such as this, the essence of the complaint is not that the reasons are functionally insufficient — the parties agree that on their face, the reasons explain what was decided and provide a basis for appellate review — but rather that the judge's wholesale incorporation of the material of others shows that he did not put his mind to the issues and decide them impartially.

Earlier this month, one state's appellate court issued a written opinion in a medical malpractice case that required the court to determine whether the single doctor named as a defendant should be able to introduce evidence that there had originally been several other doctors named as defendants, but they had all settled with the plaintiff before the case reached trial.

He has appeared in all levels of trial and appellate courts in Manitoba, the Supreme Court of Canada, as well as in many administrative tribunals, on a wide variety of cases.

Once such appellate cases referred to such former spouse's as «gold diggers» and another appellate case indicated that a trial court might stop spousal maintenance payments if the spouse receiving the spousal maintenance refuses to do anything to increase their ability to earn a higher income.

Acted as appellate counsel in cases where the firm was not trial counsel, including matters involving complex commercial litigation and novel issues of law.

Joshua Rosenkranz continues to forge a highly visible presence in the nationwide appellate market, with a number of recent Supreme Court appearances furthering his established reputation as a go - to for crucial cases.

Gregory Garre is described by one peer as an appellate «rock star,» with sources hailing his «endless list of accomplishments and wins in unwinnable cases.»

A Case Comment describes and analyzes a recent important appellate court decision and concludes by offering opinions as to the decision's probable impact on future cases.

Only three days after Judge Kaplan's spectacular ruling in the Chevron / Ecuador case, notes Paul Barrett at Business Week, «a state appellate court in California upheld a trial judge's finding that what had been billed as a watershed liability verdict against Dole Food over pesticide use in Nicaragua was actually the product of a corrupt conspiracy by plaintiffs» lawyers.»

Almost two years after that ruling, and two days after the (first) appellate opinion in that case, there can be no doubt that the FRAND part of the ruling did indeed (as I had accurately predicted) become the most influential part.

Joel served as lead counsel in many landmark cases in both trial and appellate courts, including the U.S. Supreme Court, and participated in shaping several important pieces of federal legislation enforced by the FDA.

In reviewing the trial judge's order, the Court of Appeals took offense at the comment, feeling that the trial court had unfairly lashed out at the appellate judges because precedent precluded the judge from resolving the case as he saw fit.

The possibility of a 4 - 4 ruling in the Exxon Valdez punitive damages case as a result of Justice Alito's recusal (he holds stock in Exxon) has triggered a discussion around the blogosphere over whether there's a better way for the Court to handle recusals so as to avoid the possibility of a tie vote (in which case, the appellate court's ruling stands).

And know that you will win accolades as a new appellate lawyer by massive amounts of preparation — long hours reading the record and reading all the cases relevant to your issue, both in and outside your jurisdiction.

Recently, in Sattva Capital Corporation v Creston Moly Corporation et al [2014] 2 SCR 633, the court confirmed that the appellate jurisdiction to review written construction cases must necessarily be limited given the legal requirement for the first instance court to reach its decision as a mixed question of law and fact.

It follows that we are almost there in finally clarifying English law, but a case dealing with the same point as in Sattva is arguably needed to clarify the appellate role and send the required signal to the commercial and legal world that the factual content can never be completely shut out.

None of our attorneys come to us as appellate attorneys, so while the Solicitor General may do two moots per case, we do three.

By way of example, she noted that 85 % of family law matters in Connecticut currently involve a pro se litigant, as do one in every four civil matters generally, and two in every five appellate cases.

We often represent clients as early as the audit stage, continue our work through administrative appeals levels, and we ultimately litigate cases in state trial and appellate courts where appropriate.

She has been trial counsel for multiple matters tried to a favorable jury verdict, as well as appellate counsel for cases in which she has both written the appellate briefs and argued the appeals in state and federal courts.

His representation has ranged from class action and complex commercial and environmental cases to limited jurisdiction premises liability cases and administrative hearings, successfully arguing appellate cases such as Resolution Trust Corp. v. Rossmoor Corp. (1995) 34 Cal.App.4 th 93, Ryan v. Lustre - Cal (2014) WL 7384613, McCormick v. San Pedro Bait Co., Inc. (2009) WL 4801962 and the federal district court decision, Ameripride Services, Inc. v. Valley Industrial Service, Inc. (2007 E.D. Cal.)

A few changes should be noted with regard to appeals, particularly in the reduction of time limits available for parties to respond to an appellate brief (article 373), and the limits placed on the subjects and judgments which may not be the subject of an appeal (article 32), such as case management decisions.

«As first noted here late last night, in today's edition of The Recorder of San Francisco, attorney Cyrus Sanai has an interesting essay entitled «Taking the Kozinski Challenge» that begins, «The fiercest battle within the federal appellate courts these days is not over abortion or gay marriage, but the arcane question of whether an attorney may cite the unpublished case law of an appellate court as the binding law of the circuit.»&raquAs first noted here late last night, in today's edition of The Recorder of San Francisco, attorney Cyrus Sanai has an interesting essay entitled «Taking the Kozinski Challenge» that begins, «The fiercest battle within the federal appellate courts these days is not over abortion or gay marriage, but the arcane question of whether an attorney may cite the unpublished case law of an appellate court as the binding law of the circuit.»&raquas the binding law of the circuit.»»

Warnken, LLC served as appellate counsel in this Baltimore City case.

Combined they have tried hundreds of cases serving as litigation and appellate counsel in federal district courts, before the International Trade Commission, (ITC) and before various U.S. Courts of Appeal.

Judge Chris Altenbernd (who served as chief judge from 2003 - 2005) observed that, by the time divorce and paternity cases reach the appellate level, both parties have almost invariably already lost:

Represented citizens group in election redistricting case in Pennsylvania, by stepping in as appellate counsel obtaining reversal of unfavorable lower court judgment, on appeal to Pennsylvania Commonwealth Court.

Maybe I'm cynical, but when the December 2014 roster listed Ricigliano v. Ricigliano as a case in which the issue was whether the family court erred in failing to award a husband permanent periodic alimony I figured the South Carolina appellate courts had finally found a case in which they would approve an award of rehabilitative alimony.

May It Please the Court is listed as «Legal News and Headlines,» even though J. Craig Williams writes frequently about law practice, appellate cases, technology and practice management.

We hope to keep our readers informed about cases and issues on appeal as well as scholarship, research, conferences, and news related to appellate courts.»

Best recounts that Bashman's blog evolved naturally from his work as an appellate lawyer following news of interesting cases.

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In recent years, we have acted successfully for clients in leading cases related to land use and development as appellate counsel for appeals from the Ontario Municipal Board.