Sentences with phrase «appellate court considered»

A Washington appellate court considered whether a brokerage could be negligent for failing to promptly inform a client about a commercial property available for lease which met the client's criteria.

In 2000 an Illinois appellate court considered whether an unlicensed corporation can bring a lawsuit to collect a brokerage commission.

A Georgia appellate court considered whether a private right of action exists in the state for violations of the federal Telephone Consumer Protection Act («Act»).

A Minnesota appellate court considered whether two salespeople could recover compensation from transactions which were under contract when they terminated their relationship with brokerage but closed post-termination.

A federal appellate court considered whether a state can stop a corporation from making direct financial contributions to ballot issue campaigns.

In Freer Volunteer Fire Department v. Wallace, a Texas appellate court considered a sovereign immunity case.

In Verticor, Ltd. v. Wood, an appellate court considered whether personal injury lawsuits against a medical device manufacturer count as health care liability claims for the purposes of the Texas Medical Liability Act (TMLA).

Court's Jurisdiction Over Procedural Requirements In the case of In re Marriage of Dorman, 9 P. 3d 329 (2000), the appellate court considered a promissory note signed only by one spouse.

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.»

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).

Where an appellate court considers there is merit in an appeal against a possession order, it has jurisdiction to preserve the position until the appeal is heard.

Several conclusions can be drawn from this experience, which should be considered by any appellate court considering whether to adopt a CMP and by any advocate considering inviting an appellate court to take such a course; these are set out by the majority at [67]- [74], and by the minority at [89]- [97], and can not be shortly summarised.

Illinois appellate court consider whether a broker acting as an escrow agent properly released escrowed funds to seller when contract failed to close.

A California appellate court considers the damages awarded to a purchaser who was told by real estate professional that a strange smell was «sea air» but later turned out to be coming from a septic tank and an oil tank buried on the property.

Not exact matches

«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 fact, considering the volume of the opinion dedicated to it, the company stock accounting may well have been the most compelling triable issue of fact for the appellate court.

O. Any final and definitive decision of an administrative law judge, or in the case such decision is appealed, a final and definitive judgment of an appellate court, issued in connection with any hearing held pursuant to this Chapter and the Administrative Procedure Act shall be considered a valid and final judgment that may be made executory by the commissioner in accordance with the Code of Civil Procedure.

The case was considered the first constitutional challenge to the Green Energy Act to reach the appellate court level.

Considered one of the most skilled appellate lawyers in the country, Levy chaired the firm's Supreme Court and appellate advocacy practice and had argued 16 times before the Supreme Court.

The underlying issue for an appeal is simple: the appellate court (AC), ie Court of Appeal; a High Court judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregulacourt (AC), ie Court of Appeal; a High Court judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregulaCourt of Appeal; a High Court judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregulaCourt judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregularity.

Her written work on legal issues — in trial and appellate courts — is considered to be some of the best in the nation.

He was Chair of the firm's Supreme Court and appellate advocacy practice, and was considered one of the most skilled appellate lawyers in the Unites States.

We have to say that our California intermediate appellate courts get interesting fees decisions to consider, some head scratching in nature but interesting nonetheless.

Considering That the Supreme Court is not always the primary court of practice for this group of lawyers, I believed it would be fascinating to see how included the group of 66 lawyers in Chambers» list of leading appellate legal representatives have actually just recently remained in Supreme Court lawsCourt is not always the primary court of practice for this group of lawyers, I believed it would be fascinating to see how included the group of 66 lawyers in Chambers» list of leading appellate legal representatives have actually just recently remained in Supreme Court lawscourt of practice for this group of lawyers, I believed it would be fascinating to see how included the group of 66 lawyers in Chambers» list of leading appellate legal representatives have actually just recently remained in Supreme Court lawsCourt lawsuits.

One of the most commonly encountered rules of appellate procedure is the requirement that a claim of error must be raised at trial in order for an appellate court to consider the alleged error on appeal.

Further, the appellate court noted that the trial court judge properly considered the factors in Virginia Code Section 20 - 107.1 (E), including husband's adultery which was significant but not the ultimate cause of the dissolution of the marriage.

In considering the equitable distribution award, the appellate court first pointed out the distinction between the considerations in equitable distribution and the considerations for spousal support, that spousal support requires a consideration of the equities between the parties and the standard of living established during the marriage while equitable distribution is concerned with the acquisition, growth and preservation of marital assets, citing Lightburn v. Lightburn, 22 Va..

«For the chief judge of a federal appellate court to state that it is «virtually inevitable» that «any mildly - sentient defense attorney» would consider playing the equivalent of Russian roulette with the life of a client is truly disturbing,» she wrote.

In Jang v. Boston Scientific Corp., [15] the court considered whether it had appellate jurisdiction over a patent license dispute.

Earlier this month, a Rhode Island appellate court issued a written opinion discussing principles that are important to understand for anyone considering filing a personal injury case in South Florida.

The appellate court remanded the decision to the trial court to consider these factors as a guide to making a judgment on the children's best interests.

Trial judges serve as «clerks» for appellate courts and rarely consider pro se filings.

Although he argued that the family court did not properly consider the evidence, the appellate court believed the record reflected that all evidence and issues were carefully and comprehensively considered.

Virtually every federal court, trial and appellate, to consider any of these versions has found them to be invalid.

There are are risks to the integrity of the process where, for example, the governing decision is a Supreme Court of Canada decision which purports to apply to the common law of all of the provinces — maybe even the civil law by analogy — where the decision has been considered by the appellate courts (and the trial courts) of other provinces, and one would never now that from a particular provinces's jurisprudence.

Consider the creation of an appellate body that can quickly hear appeals made from ADR (or even possibly court litigation) related to PPPs.

This may also be a function of technology now facilitating the higher levels of research, written advocacy and court filings that were once considered peculiar to the appellate realm.

In addressing whether leave should be granted, appellate courts will consider whether:

When answering that question, we consider the five Florida appellate court decisions below that ruled, as a matter of law, on the issue of whether or not a jury's award of pain and suffering damages were inadequate.

A recent case presented a Florida appellate court with the chance to decide whether a plaintiff's slip - and - fall accident should be considered a medical malpractice case.

However, the appellate court remanded the case to the trial level to consider whether the firm was automatically entitled to the multiplier simply because of the differential in its fees and prevailing Kern County rates.

Others would say that experience is unnecessary when the appellate courts routinely dispose of cases without opinions, abdicating their essential two-fold mission: shaping the law and giving litigants the comforting impression that their arguments had been thoughtfully considered.

In this case the SCC was asked to consider whether criminal or appellate courts should take the unintended consequences of criminal sentences into consideration, particularly when they relate to the immigration status of the offender.

Going further, the Court of Appeal indicated that, as per the decision in Mehedi v. 2057161 Ontario Inc., 2015 ONCA 670 (CanLII), at para. 20, the Sagaz test necessarily «includes considerations of finality, the apparent cogency of the evidence, delay, fairness and prejudice» and that an appellate court must consider the importance of deferring to trial judges, who are «in the best position to decide whether, at the expense of finality, fairness dictates that the trial be reopened&raCourt of Appeal indicated that, as per the decision in Mehedi v. 2057161 Ontario Inc., 2015 ONCA 670 (CanLII), at para. 20, the Sagaz test necessarily «includes considerations of finality, the apparent cogency of the evidence, delay, fairness and prejudice» and that an appellate court must consider the importance of deferring to trial judges, who are «in the best position to decide whether, at the expense of finality, fairness dictates that the trial be reopened&racourt must consider the importance of deferring to trial judges, who are «in the best position to decide whether, at the expense of finality, fairness dictates that the trial be reopened».

Earlier this month, an appellate court issued a written opinion in a personal injury case that presents an important issue that Florida car accident victims should consider when preparing their case.

Campbell published the early results of a similar study of petitioners» and appellants» briefs in the Supreme Court, Ninth Circuit, and California Supreme Court.57 He used the StyleWriter writing and editing software package to capture eight different readability measures and coded one dependent variable (the appellant's outcome).58 When considering all appellate briefs, none of the eight readability measures showed a statistically significant correlation to appellant's outcome.

In the end, the appellate court reversed the trial court's ruling terminating Wife's spousal maintenance but found the trial court did not consider Husbands» alternative request to modify Wife's spousal maintenance.

Illinois now joins Florida (appellate courts), Oklahoma (Supreme Court only), Washington (Supreme Court only), and West Virginia (all elected officials) in considering some kind of judicial term limits in 2016.

In Gall v. United States, the Supreme Court required that appellate courts «consider the extent of the deviation» of criminal sentences imposed outside the Sentencing Guidelines range.

3 It quoted a 1988 decision of the First District reprimanding a lawyer who sought to «amend» the record to include matters not before the trial court, and declaring in this regard that the fact «an appellate court may not consider matters outside the record is so elemental there is no excuse for an attorney to attempt to bring such matters before the court.»