Sentences with phrase «appellate court decision»

Indeed, even lower courts from one jurisdiction are now cited by superior and appellate court decisions in another — not just occasionally, but routinely.
Among the 23 cases included in our study, the length of time from the initial filing through the final appellate court decision ranged from less than a year to nine years.
This definition will be one that has been decided in prior appellate court decisions, or by the state legislature.
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.
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.
Among them, one can find foreign ownership and control, outsourcing and offshoring, preservation of and access to our legal heritage, access to French and English translations of appellate court decisions on subjects of national interest, the definition of a public document, copyright in compilations, and government funding.
This method of instruction, embraced by nearly all U.S. law schools, encourages students to review appellate court decisions, analyze the judge's reasoning and findings and deduce general legal principles from specific cases.
In dismissing the appeal from corporate directors in Andrus Wilson v. Ramzi Mahmoud Alharayeri, the Supreme Court recognized a near -20-year-old Ontario appellate court decision as good law, and upheld the broad wording of the oppression remedy in the Canada Business Corporations Act.
A more recent Kentucky appellate court decision addressed the liability of a buyer's representative who provided the buyers with a list of three pest control companies that could perform a termite inspection required by the lender.
The duty emanates from a state intermediate appellate court decision issued over 25 years ago, Carlisle v. Ulysses Line Ltd., S.A., 475 So.2 d 248 (Fla. 3DCA 1985).
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.
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.
Due to notarization problems, the WEP was blocked from running candidates in a number of counties this year, but recent appellate court decisions seem to have left his allies firmly in control of the party.
However, legal experts point to an earlier appellate court decision in 2003 on the Suffolk Ethics Commission that found a county can impose more stringent ethics regulations than those required by state law.
Posts track how well arbitration agreements are passing scrutiny in appellate court decisions nationwide — paying special attention to rulings that define the limits of arbitrators» power and giving frank opinions on this jurisprudence.
In a rare appellate court decision, the Court of Appeal in Walton v. Alberta (Securities Commission), 2014 ABCA 273, has set aside a decision by the Alberta Securities Commission and has held that any monetary penalties levied must be proportionate to the circumstances of the offender and supported by reasons.
I'd been unaware of the new web - based publication, Law in Firm which was released last week by the Village - Justice portal, and an article by Pierre Breese on the protection of scents by copyright, spring from a January appellate court decision involving Oreal and Bellure.
Florida statute 768.0755 may seem like a straight forward law, but it has been the subject of many appellate court decisions.
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.
Read the British Columbia appellate court decision
A prior three - judge panel of the Seventh Circuit had concluded that relying on a controlling appellate court decision was not a mistake of law and that the law firm had made no legal error even though the decision was later overruled.
• Boliden Ltd. v. Liberty Mutual Insurance Co.: In the first Canadian appellate court decision to interpret how a pollution exclusion in a D&O policy applied to a securities claim, the outcome surprised many and resulted in many insurers and policyholders re-examining their contractual wording.
Favorable New Jersey appellate court decisions in product liability cases are almost always worthy of mention here.
Judge Haas» concise advice in less than 200 words is so well known and so widely respected that it has been referenced in multiple appellate court decisions, including Burke v. Burke, Tennessee Court of Appeals, No.
We can provide guidance to you and your team throughout the appeals process, from filing the Notice of Appeal and designating the record to oral arguments and the final appellate court decision.
One of several intermediate appellate court decisions to cite Cruz decided in the months immediately following was handed down only eight days later, People v. Cage, 2013 IL App (2d) 111264.
BY LEGAL LARRY The controversial development of a parcel in Ramapo known as Patrick Farm was again the subject of recent appellate court decisions.
According to a federal appellate court decision in a fair - housing case, a platform can be considered to have helped «develop unlawful content» that users play a role in generating, which would negate the immunity.
In the wake of an appellate court decision, Spa City's charter change advocates are once again trying to get their hands on electronic images of ballots cast in November's charter referendum that was defeated by a narrow 10 - vote margin.
Queens GOP spokesman Robert Hornak said the appellate court decision «comes as no surprise to anyone engaged in Queens Republican politics.»
Cuomo's preferred slate to run the Women's Equality Party got a boost from an appellate court decision, but a ruling on a similar case is due early next week in Rochester.
The decision rejects an appeal by Amedore's lawyers that an appellate court decision to count the ballots be overruled.
Erie County's top prosecutor is appealing an appellate court decision that reversed the murder conviction of a man found guilty of killing his then - girlfriend's 5 - year - old son.
George Nolan, counsel to the legislature, issued an opinion June 30 that cited the appellate court decision and said the Ethics Commission is «obligated to follow the county's financial disclosure law and should only accept from officers and employees the county form...»
It may be harder for charter schools to get approval in Florida after an appellate court decision last week.
Apple is petitioning the U.S. Supreme Court to overturn an appellate court decision that found they conspired with five publishers to increase e-book prices.
Philip Morris» stock price has risen approximately 33 % since the appellate court decision.
That is a central issue in a recent lawsuit by Southeastern Legal Foundation (SLF), the Competitive Enterprise Institute (CEI), a host of lawmakers and several companies, who are petitioning the Supreme Court to review an appellate court decision upholding the EPA's global warming regulations.
Common topics discussed include: relevant Illinois trial court and appellate court decisions, common medical issues arising in personal injury cases, and pretrial and trial practice tips for Illinois practitioners.»
That's my take on «Legal Win for Hells Angels,» Mike Cernovich's report of an appellate court decision affirming a district court's denial in part of motions for qualified immunity filed by seven San Jose police officers and one deputy sheriff.
Every appellate court decision binds all lower courts that report to it.
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