Sentences with phrase «appellate court also»

The appellate court also supported the trial court's decision that the broker committed fraud.

The appellate court also stated that the statute of limitations might have been tolled by the discovery rule until the purchasers knew or reasonably should have learned about the omitted material facts.

The appellate court also found that the legal maneuvering which took place in the trial court and the orders issued relating thereto could not possibly extend the 90 - day period provided by statute.

The appellate court also sent the case back to the trial court for reconsideration of the attorneys» fees awarded to the owners.

A federal appellate court also found there was sufficient evidence to support the trial court's ruling.

even if the appellate court also seemingly misstates the law, at least if we give the words used their ordinary legal meaning.

The appellate court also noted Augmentation's failure to implement the utilization - review process or seek judicial review.

The appellate court also decided the court did not err when it set a hearing date, referred the parties to mediation, and ordered the psychologist to update his report.

The appellate court also stated that the condition for producing these patient records was that they be subject to a protective order that (1) prohibited the parties from disclosing the records outside the confines of the litigation, and (2) required that the records be returned to the covered entity or destroyed at the end of litigation.

The appellate court also reversed the trial court's award of all of husband's military pension to wife, as exceeding the limit of 50 % prescribed by Virginia Code § 20 - 107.3 (G).

The appellate court also upheld the testimony of the Conde Nast employee over wife's objection, as the employee had first hand knowledge of the terms and basis for the stock purchase agreement in her position at the company.

Florida appellate courts also have applied this principle since the Supreme Court's decision in Shavers.

Not exact matches

The team also includes highly experienced trial attorneys with extensive experience in trial and appellate courts and arbitration proceedings, and veteran practitioners who regularly litigate high - stakes, «bet the company» matters.

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.

This office is also responsible for all post-conviction litigation in the state and federal appellate courts.

RIP Joseph Suozzi, father of former Nassau County Executive - turned - congressional - candidate Tom Suozzi and also the former mayor of Glen Cove who served two terms as a state Supreme Court justice and was later appointed an appellate division justice.

Carver said his lawyers also are weighing whether to appeal Wednesday's ruling, but the state Court of Appeals must give permission after the unanimous appellate decision.

Last week, the petitioners, which also include the Legal Aid Society, the National Association for the Advancement of Colored People, and the New York Civil Liberties Union, submitted a motion for preference to the appellate court, asking that arguments in the case be heard by the end of June.

The list also ensured that the next chief judge of the state's highest court won't come from the state's appellate level, as Cuomo's last three nominees to the court did.

Research (by Irenee Beattie, Josipa Roksa, and Richard Arum) that examined appellate court cases from 2000 to 2002 found that, on average, those cases emerged from secondary schools with 29 percent nonwhite students compared to 37 percent nonwhite students in the national population of secondary schools (the latter weighted for enrollment size to be comparable to the court case data); appellate cases also emanated from schools with more educational resources per student (student / teacher ratios of 16.3 compared to 17.5 nationally).

But it also smothers an ordinance already adopted in Tucson that had been placed on hold awaiting a federal appellate court decision on the rights of cities to enact such rules.

But the appellate court's decision to keep blocking the ban pending trial or further appeal is also «a losing situation for the business travel industry,» GBTA said, because «the uncertainty it will create as we await an appeal to the Supreme Court will continue to make its court's decision to keep blocking the ban pending trial or further appeal is also «a losing situation for the business travel industry,» GBTA said, because «the uncertainty it will create as we await an appeal to the Supreme Court will continue to make its Court will continue to make its mark.

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).

Posts cover cases before the U.S. Supreme Court, and blogger Lyle Denniston also writes a «constitution check» series of posts in which he investigates assertions made about the constitution in the media and appellate opinions.

The blog also provides free access to the Illinois Insurance Index, a database maintained by Jill Berkeley that summarizes all major appellate insurance coverage decisions in Illinois, the 7th U.S. Circuit Court of Appeals, and a few other jurisdictions, issued from 1986 through the present.»

See also the majority opinion at page 11: «Given our explanation in Booker that appellate «reasonableness» review merely asks whether the trial court abused its discretion...»

It also noted that trial and appellate courts were «not entirely powerless» because a judgment may be vacated if «there is no evidence to support the jury's decision,» and because «appellate review is available to test the sufficiency of the jury instructions.»

She also has extensive appellate experience in both State and Federal courts.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, and accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against conviction dismissed — Although trial judge did not address analytical steps in order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred in any other fashion than as stated by victim — Having provided reasons for accepting victim's evidence, trial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resulted.

We also have an extensive amicus practice before the US Supreme Court and other appellate courts and regularly brief, argue, and advise on complex legal issues that arise in various trial - level fora.

Nicole also counsels clients on appellate matters utilizing her previous experience as lead law clerk to the Honorable Frank J. Williams during his tenure as Chief Justice of the Rhode Island Supreme Court.

It is also necessary to file a Notice Designating the Record on Appeal with the appellate court detailing the specific points that form the basis of the appeal.

They have not only litigated hundreds of insurance cases with great success at the trial court level, but they've also helped shape the law in this area through their published appellate decisions,» commented Frank Falzetta, head of Sheppard Mullin's Insurance practice.

Max A. Keller also has considerable experience handling appellate cases for criminal convictions, having worked under numerous judges in the Minnesota Court of Appeals.

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.

She is also experienced in handling real property and UCC foreclosures, defending clients against lender liability, sham guaranty, and unfair business practices and specializes in enforcing and collecting judgments at both the trial court and appellate court level.

He also provides links to the case docket and the appellate briefs and notes whether the court has requested amicus briefs.

Beyond its use as a defense against future litigation, a well - preserved court record can also prevent waiver and assist appellate courts in understanding the trial.

She has also played an instrumental role in the drafting of arbitration briefs, appellate briefs and petitions for writ of certiorari for submission to the American Arbitration Association, the Federal Circuit and the U.S. Supreme Court.

The appellate court found that the declarations were detailed, augmented by also including verified time statements — no problem in substantiation, with the defense not having to introduce salary surveys to meet a fee petition burden of proof.

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.

Mr. Chang regularly advises clients concerning investment disputes and also has extensive experience representing clients in U.S. courts at the trial and appellate levels in connection with securities fraud, complex commercial and professional liability litigations.

He has also had cases heard before different appellate courts, including:

He also competed nationally and won first place brief for appellate advocacy in moot court.

We also check out the U.S. Supreme Court's decision on the appellate rights of undocumented immigrants, along with an international lawyer's fresh take on the rights of extraterrestrials.

The Public Benefits Group also offers community advocacy and client representation in denials or terminations of government benefits in the administrative tribunals and appellate courts.

In Virginia, one trial court is the General District Court, which hears claims up to $ 25,000 and another trial court is the Virginia Circuit Court which hears other claims, and some felonies while also serving as an appellate court for the General District Cocourt is the General District Court, which hears claims up to $ 25,000 and another trial court is the Virginia Circuit Court which hears other claims, and some felonies while also serving as an appellate court for the General District CoCourt, which hears claims up to $ 25,000 and another trial court is the Virginia Circuit Court which hears other claims, and some felonies while also serving as an appellate court for the General District Cocourt is the Virginia Circuit Court which hears other claims, and some felonies while also serving as an appellate court for the General District CoCourt which hears other claims, and some felonies while also serving as an appellate court for the General District Cocourt for the General District CourtCourt).

The 8th Circuit also deserves special recognition as only one of two federal appellate courts (along with the 7th Circuit) to provide.»

l As a rule also, there is some basis to the claims they make; what is in issue is the inappropriate and wholly excessive way in which they continue to pursue their claims after a properly constituted court (and later an appellate tribunal) has pronounced its decision, invariably one that has gone against them.

The independent body would also offer an opportunity for a thorough investigation and review of many cases for which an investigation is not provided on appeal or post-conviction review due to appellate courts» procedural bars and emphasis on legal and procedural errors instead of factual errors.