Sentences with phrase «appellate court actions»

He has served as lead counsel in numerous jury and bench trials in complex commercial matters, real estate disputes and, appellate court actions.

Not exact matches

Results will include opinions issued by the SEC and federal appellate courts that relate to FINRA disciplinary actions that have been appealed.

The firm represents clients in a wide variety of litigation and appellate matters, including matters involving real property, real estate finance, construction, development disputes and transactions, intellectual property disputes, business disputes, personal injury, fraud, shareholder disputes, and adversarial actions in bankruptcy court.

This DEC action comes on the heels of a recent New York State appellate court decision that reinstated criminal indictments against another concrete company, Quality Concrete, also located on Newtown Creek.

«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 District 7 and District 9 boards in the Bronx had not exhausted their administrative remedies when they sued to overturn Mr. Crew's action, the appellate court ruled this month.

Texas created the policy in 1997 after a federal appellate court ruled, in Hopwood v. Texas, that the state's previous affirmative - action system based on racial preferences was unconstitutional.

Posts cover actions of the Iowa Supreme Court, Iowa appellate courts, Iowa legislature and the St. Louis based 8th U.S. Circuit Court of Appeals as well as intellectual property law topics.

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).

His impressive tally of arguments before the Supreme Court is supported by a strong presence in wider appellate courts, with experience in cases concerning affirmative action policies, environmental disputes and wider constitutional and regulatory challenges.

Special actions, involving a request for appellate relief prior to the conclusion of the trial court proceedings

As a final note, the appellate court concluded that the primary shortfall in the patient's claim was that it simply was not a product liability action.

Unfortunately, there have also been a growing number of frivolous lawsuits, particularly actions for damages against law enforcement officers whose conduct has been judicially sanctioned by state trial and appellate courts and, in many instances, even by this Court.

«Focusing on New Jersey appeals, appellate law, and appellate practice, particularly regarding decisions and other actions of the Supreme Court of New Jersey, the Superior Court of New Jersey, Appellate Division, and the Third Circuit Court of Appeals.»

This blog provides summaries of and links to appellate and U.S. Supreme Court decisions as well as reports on legislative action in Ohio and the U.S. Congress.

Representative matters include civil jury trials and bench trials in both state and federal court; complex civil litigation involving the energy industry, including defense of class actions; condemnations and surface damage disputes; and appellate work.

Represented a national REIT in trial and appellate courts, defending action for specific performance brought against it in connection with real estate owned in South Carolina.

Mr. Cacace has represented clients in a wide range of matters in state and federal trial and appellate courts, including business litigation, intellectual property disputes, product liability actions, consumer class actions, and real estate disputes.

When the appellate court received the Special Action Petition, the Court of Appeals ordered both parties to file simultaneous briefs addressing whether the trial judge had jurisdiction to issue its order, since it addressed the same subject on which the superior court had previously rcourt received the Special Action Petition, the Court of Appeals ordered both parties to file simultaneous briefs addressing whether the trial judge had jurisdiction to issue its order, since it addressed the same subject on which the superior court had previously rCourt of Appeals ordered both parties to file simultaneous briefs addressing whether the trial judge had jurisdiction to issue its order, since it addressed the same subject on which the superior court had previously rcourt had previously ruled.

John primarily represents large insurance companies, defending them in trial and appellate actions throughout the state and federal court systems.

Attis represents important appellate Court guidance for the class action bar as, prior to Attis, certain decisions, most notably Poulin v. Ford Motor Co. of Canada, earmarked class counsel as a potential payment source for defendants in situations where the plaintiffs were unwilling or unable to cover costs ordered against them.

Chris provides business and corporate advice, including advice related to sales and acquisitions, commercial leasing, contracts, real estate conveyance and financing; broad commercial litigation representation including contracts and other business disputes, commercial and residential construction defect claims, religious entity law, advice regarding employment disputes and compliance, including ADA, ADEA, Title VII, Colorado Wage Act, FLSA compliance, and administrative proceedings before EEOC and DORA - Colorado Civil Rights Division; representation in administrative proceedings, C.R.C.P. 106 (a)(4) appeals and interlocutory appeals regarding governmental immunity, defense and pursuit of 42 USC § 1983 actions in federal and state court; representation of public pension funds in litigation and administrative matters; and appellate practice before the Colorado Court of Appeals, Colorado Supreme Court, and the 10th Circourt; representation of public pension funds in litigation and administrative matters; and appellate practice before the Colorado Court of Appeals, Colorado Supreme Court, and the 10th CirCourt of Appeals, Colorado Supreme Court, and the 10th CirCourt, and the 10th Circuit.

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.)

The first appellate level decision to interpret the threshold for a plaintiff to meet to be granted leave in a secondary market class action since the Supreme Court decision in Green was issued by the Ontario Court of Appeal earlier this year.

If Kralowec's name sounds familiar, it may be because she is the longtime author of two legal blogs, The UCL Practitioner, a blog about unfair competition law and class actions in California, and The Appellate Practitioner, a blog about appellate practice in California and the 9th U.S. Circuit Court of Appeals.

The trial court ruled that the statute of limitations had run out, but the appellate court ruled there were material fact issues regarding whether or not the plaintiff either knew, or should have known, that he had a cause of action for the injuries he suffered due to asbestos exposure.

Earlier in her career, Amy was associated with a large international law firm in Manhattan, where she was a member of the appellate team that successfully appealed to the U.S. Supreme Court on behalf of a major health insurance company in a multi-district class action lawsuit.

Mr. Neal has a broad range of experience handling contract, business and other tort, fraud, RICO, computer crimes / unlawful surveillance, FTC enforcement, investigations, employment, intellectual property, fee petitions, and administrative actions before state and federal trial and appellate courts and arbitration panels.

Defending employers in «donning and doffing» wage and hour class actions under the Fair Labor Standards Act in the trial courts and all appellate levels.

In addition to the Knowles case, he has successfully argued class action related appeals in three federal circuits and in state appellate courts, and he has successfully defeated class certification in many state and federal trial courts.

Mr. Whitney's representative work includes a series of successful outcomes pursuing false advertising claims against product review websites, a landmark victory clarifying copyright fair use and parody on behalf of several well - known musicians; a defense win dismissing copyright infringement claims brought by a putative class of attorneys against the leading legal research websites; a favorable outcome for a high - end beauty products company in a trademark and trade dress action against a manufacturer of knock - off products; a district and appellate court decision dismissing all claims by a proposed class against an international bank for alleged violations of, among other things, the Federal False Marking Act, RICO and the CAN - SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.

Has developed extensive experience, primarily at appellate level in test cases to determine the law applicable to causes of action litigated in the English courts.

Disagreeing with the dissent, the majority opinion stated that no Texas appellate court had recognized the cause of action.

The dissent also stated that six intermediate appellate court cases, including two from Amarillo, had recognized the cause of action and that no court has expressly rejected the cause of action.

Beyond his environmental practice, Derek also represents clients in a broad range of other business disputes, including employment class action defense, franchise, securities, corporate governance, real estate, intellectual property and noncompetition litigation, before trial and appellate courts.

In a recent decision of the Court of Special Appeals of Maryland, Maryland's intermediate appellate court addressed the question of whether a New York resident could be subject to personal jurisdiction in a Maryland paternity and support action based on his filing of an answer to the original complaint for custody, his request for genetic testing, and his request for discoCourt of Special Appeals of Maryland, Maryland's intermediate appellate court addressed the question of whether a New York resident could be subject to personal jurisdiction in a Maryland paternity and support action based on his filing of an answer to the original complaint for custody, his request for genetic testing, and his request for discocourt addressed the question of whether a New York resident could be subject to personal jurisdiction in a Maryland paternity and support action based on his filing of an answer to the original complaint for custody, his request for genetic testing, and his request for discovery.

The appellate court explained that to recover compensation in a premises liability claim, a plaintiff must show that the defendant knew or should have known about the danger and that the plaintiff lacked knowledge of the danger, in spite of his ordinary care, due to actions or conditions within the owner's control.

This was a reversal of a previous appellate court decision, which held 2 to 1 that universities and colleges had no general legal obligation to protect adult students from the criminal actions of other students.

We have represented foreign banks (affiliated with one of the largest worldwide financial institutions) in class action and bankruptcy litigations in four Texas courts, at both the trial court and appellate levels.

The lower appellate court found that service advisors were exempt from the FLSA overtime wage requirement, and consequently dismissed the action.

The column reports on different instances where appellate lawyers were personally sanctioned for their conduct: one for making «utterly frivolous» arguments in a series of appeals of foreclosure actions; another for misrepresenting the trial court's ruling and disrespecting the court's orders (in an appeal of an earlier sanctions award), and a third for a brief that the appellate court said was both «unintelligible» on the merits and vitriolic in speaking about the appellate court itself.

The Munich team handles cases before the Munich courts (for infringement proceedings at the trial and appellate level) and the German Federal Patent Court (nullity actions), as well as in proceedings before the German PTO (cancellation actions) and the European Patent Office.

In addition, our firm has considerable experience handling both trial and appellate actions in federal and state courts in the fields of civil litigation, including commercial law, tort law, elder law, real estate, construction law and commercial real estate transactions.

The prevalence of shorter, simpler emails is also consistent with my recent legal experience as a litigation associate in a large law firm before starting to teach legal writing full - time — an experience I have drawn on in trying to design realistic assignments.59 The emails I wrote often dealt with relatively straightforward substantive matters, procedural questions surrounding litigation, or some combination of the two, such as the steps for having an appellate court relinquish jurisdiction to correct a scrivener's error in a lower - court judgment or the timeline for responding to an in rem civil forfeiture action.

«With a proven track record in shareholder derivative suits and securities fraud actions and an intimate knowledge of the appellate courts across Texas and the Texas Supreme Court, Andrew will be a strong asset to our firm and clients,» said Michael Forshey, managing partner of the Squire Patton Boggs Dallas office.

The appellate court, however, indicated that any such change in the law affecting this situation must be passed by the Arizona legislature, which could be argued as a call to action for the Arizona legislature to remedy this situation.

He represents clients in the U.S. Supreme Court, federal and state appellate courts, and trial courts around the country, with a focus on class action, class certification, and arbitration issues.

In the decision of 1201059 Ontario Inc. v. Pizza Pizza Limited, 2015 ONSC 1208, dated February 26, 2015, a three - judge panel of the Divisional Court (an appellate branch of the Ontario Superior Court of Justice that is higher than a trial level but lower than the Court of Appeal), upheld the trial judge's dismissal of the franchisee's action for damages based on an alleged failure to provide disclosure at the time of the franchise renewal.

Represented client in appeal where the appellate court held that tort actions were properly brought for civil conspiracy and tortious interference for actions taken by a corporate parent to interfere with the contract involving a joint venture of which its subsidiary was a member.

In the first appellate decision interpreting and applying Pennsylvania Rule of Civil Procedure 1006 (a. 1), Pennsylvania's tort reform measure involving venue, the Pennsylvania Superior Court affirmed the ruling of the trial court and held that the plaintiff's medical malpractice action against John's client, a physician, must be transferred out of Philadelphia CoCourt affirmed the ruling of the trial court and held that the plaintiff's medical malpractice action against John's client, a physician, must be transferred out of Philadelphia Cocourt and held that the plaintiff's medical malpractice action against John's client, a physician, must be transferred out of Philadelphia County.